Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
NIGERIA? WE’VE GOT TALENT!!
Are you an artist, writer, singer, photographer, movie producer or the creator of any intellectual work? Oh, please relax; this is not an ad for a talent hunt. It is a little guide for talent competitions and festivals. If you are contemplating the submission of an entry for some talent competition or festival to go and show everybody just how it’s done, you need to sit up and read carefully. The event could be local or international and the entry in question could be anything protected by copyright: a written or recorded song, a poem or story, a movie or a photograph, a sculpture or a painting.
Under Nigerian and international laws, when you create a work you own the copyright in that work. Very simply, copyright means the exclusive right to exploit the work you’ve created. There are some exceptions, but this generally means that if anyone wants to use that work in any form or to any degree, that person will have to seek permission from you.
Let me clarify something. The work we are discussing here is the one which you have created before the competition and which you are submitting for it. We are not discussing the work that the organisers of the competition sponsored you to create after you have won or after you have reached a certain stage in the competition. That is another thing entirely and it is likely that the conditions surrounding it would differ.
Also, note that the work we are referring to is the work of intellectual property, not the tangible property containing the work. So, don’t be miffed if the organiser doesn’t return the sheet of paper on which you submitted your poem or if you discover that the roasted corn you bought by the roadside was wrapped in it.
Copyright is a transferable right. However, the fact that you are submitting your work does not mean that you have given away your copyright. Nevertheless, when you are entering for a talent hunt or competition or festival, it is not unusual for there to be some form of transfer of your copyright to the organiser, the question to ask is: what kind of transfer is it? What is it, exactly, that you are permitting?
The kind of transfer it is will have certain effects. Any of these effects is alright, as long as you know and assent to the kind of transfer that brought it on.
More often than not, it is impossible to negotiate the terms of the transfer. Usually, you will be given an entry form that contains the terms and conditions of the competition. Chances are that the document will be boring. Even so, always read the fine print. If you do not see a clause that deals with the transfer of rights, please ask or forever hold your peace.
Copyright can be transferred in a number of ways, but, for our purpose here, we’ll concern ourselves with three types of transfers: the non- exclusive transfer, the exclusive transfer and the assignment.
The Non-Exclusive Transfer
Here, the organiser has the right to use your work in specified ways. However, this right given is not exclusive and other persons may use that same right in the same way(s). For instance, if the organisers have a right to copy and publish your work, you may still give the right to other people to copy and publish the same work. This kind of transfer is quite safe for you, but it’s doubtful that the organisers will want it. After all, where’s the fun if other people can do the same thing?
The Exclusive Transfer
In this situation, the organiser has the right to use you work in specified ways for a specified time. Here, this right is exclusive and no one, not even you the creator, will be able to exploit your work in that same way in that territory/area (e.g. in Nigeria). This is quite desirable and it is what organisers would want to go for. Still, you may want to ensure that the time and manner of licence is clearly stated. Imagine if you allow the organisers to use the photograph you’ve created on their website for a year and then five years down the line, it is still there. The good part of this licence is that after the specified time, all the rights concerning the work will revert back to you and you can transfer it to some other person or exploit it by yourself.
The Total Assignment
Here, you transfer all the rights concerning the work to the organisers, forever and ever. No other person, not even you, can exploit the work ever again without permission from the organisers who are now the new copyright owners. Now, if you’ll be paid for it, or if you win the grand prize of the competition, it may be worth your while. I mean, who needs a song when you’ve got ten thousand dollars cash prize or a Prado; you can always sing and record another song. However, what happens when you do not even make the preliminaries and you have already signed to assign all your rights when you were completing the entry form?
It may not be that the organisers are greedy; it could just be that the whole purpose of the competition is for the organisers to own and use the winning entry in exchange for the cash prize. It is when you do not win and all your rights have been transferred that you may feel cheated. The sad thing is that you may not be able to cry foul if it is established that you read and consented to the conditions of the competition.
If you created a work with someone and they want to submit the work for a competition, try to read the terms of that competition, especially the ones dealing with the transfer of copyright. This is because, usually, a licence or an assignment by only one of the owners of a work is deemed to be valid and effective. So, your buddy can effectively transfer the copyright in the story you both created.
Always, always read the fine print.
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Tuesday, August 24, 2010
A NEW TUNE: COPYRIGHT COLLECTING SOCIETIES
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
A NEW TUNE: COPYRIGHT COLLECTING SOCIETIES
I visited the infamous Alaba market a while ago. It’s said to be the hub of piracy and I had been warned to go with a good ID card in the event that law enforcers raid the place. Without prejudice to any person or group of people, I am tired of people shouting Alaba every other day. Yes, piracy is a scourge and I’m all for kicking it out, but I fear we’ve been ignoring other important things. The Alaba boys are ‘small fish’. I propose that we turn our attention to something that would be more rewarding in the end: A COPYRIGHT COLLECTING SOCIETY.
Nigeria is ripe for a functional, effective and reliable copyright collecting society. Things are looking up in this respect and so we will not go into the unfortunate history of collecting societies in Nigeria, neither will we take sides or get into the scramble of who’s right or wrong. All, we’ll do for now is understand what a copyright collecting society is and what it does.
By now, you should have a fair knowledge of how copyright works. All the same, here’s the deal. Copyright gives the owner of an eligible work the exclusive right to exploit that work in a number of ways including reproduction, recording, publishing, public performance, adaptation, translation, communication to the public, etc. In other words, only the copyright owner can do any of these acts or authorise anyone to do any of the acts. Any one that exploits the work without permission from the owner may be guilty of infringement.
This means that any person, or any organisation for that matter, that wants to use a copyrighted work, e.g., a song must seek permission. These users include television and radio stations (yeah, that’s right, especially them), competitions and talent shows, festivals and special events, expositions, restaurants, bars, hotels, night clubs, shopping centres, exhibitions, offices, websites, etc.
Now, imagine the representatives of all the ‘users’ of ‘Strong Thing’ on a queue at Banky W’s door, contracts in hand, seeking permission for every time they air or play the song or use it in some other way. Then, these poor people would then march to the doors of Tuface Idibia, to seek permission for every use of ‘Implication’, ‘Enter the place’, ‘African Queen’ and all his other songs, and then they would move on to Styl Plus, then TY Bello, then El Dee, then Ebenezer Obey, then Tosin Martins, Kefee, P. Square, Asa, and every other artiste or copyright owner. Ha!!
Enter the saviour: Collecting Societies
Put simply, a collecting society (also called a collective management organisation) is an association that has the authority to license works and collect royalties on behalf of copyright owners for an agreed fee. The collecting society acts as a middleman between copyright owners and the users of the works. The relationship between the copyright owners and the collecting society is a fiduciary one where the copyright owners are the principals and the collecting society is the agent representing them.
Copyright societies exist because it is impractical to enforce the rights of the copyright owners one by one and the copyright owners do not usually have the knowledge, expertise and resources to monitor all uses of their works. Equally, it is not possible for a broadcasting organisation, for instance, to seek specific permission from every copyright owner for the use of every copyrighted work, every time.
Contrary to what a lot of people think, collecting societies are not meant for those in the business of music alone. The members of a collecting society include all owners of copyright and neighbouring rights: writers, visual and other artists, photographers, music composers, singers, or performers. However, although broadcasting stations are copyright owners (with regard to their broadcasts), for this purpose, they are considered users.
As you have probably guessed, collecting societies are best appreciated by bulk users who use copyrighted work as the bedrock of their businesses. Collecting societies administer rights including:
a) The right of public performance (music played or performed in clubs, restaurants, and other public places);
b) The right of broadcasting (live and recorded performances on radio and television);
c) The mechanical reproduction rights in musical works (the reproduction of works on CDs,tapes, vinyl records, cassettes, mini-discs, or other forms of recordings);
d) The performing rights in dramatic works;
e) The right of reprographic reproduction of literary works (photocopying);
How A Collecting Society Works
1. The copyright owners join a collecting society and declare all their works, the rights to which they want the society to administer for them.
2. The collecting society builds up a large repertoire or collection of works.
3. The users of the work (e.g. broadcasting stations, exhibitors, schools and eateries) negotiate with the collecting society for a licence to use all the works in the repertoire of the collecting society for a specific period of time, for a fee, of course. This licence is called a blanket licence because it covers a lot of works.
4. The collecting society monitors the use of the licensed works.
5. The users submit records of the works used over a specified period to the collecting society (e.g the logs of music played on radio between January 1st and June 30th).
6. At a specific time, the collecting society pools all the proceeds paid by users, deducts a percentage for administrative costs and distributes the rest of the proceeds to the copyright owners based on the use of their works, as determined from the records submitted by the users. They are special technological systems used for all these purposes.
In practice, it may be cumbersome for just one collecting society to manage all the types of rights enumerated above. So, what usually obtains is that a collecting society handles just one of the rights, e.g., the right of public performance.
Where a collecting society is under reciprocal representation agreements with collecting societies in other countries, it may administer foreign repertoires in its national territory, exchange information and pay royalties to foreign owners of rights. For instance, if the collecting society in Nigeria is under this reciprocal agreement with ASCAP (one of the collecting societies in America), it would represent the copyright owners in ASCAP’s repertoire and ASCAP would represent the copyright owners in the repertoire of the Nigerian collecting society.
The race has started, but in Nigeria, we are still tying up our shoestrings. Yes, the Copyright Society of Nigeria (COSON) has been approved and all that. We can only hope that the society executes the mandate before it timeously as we lose remuneration and revenue daily. All stakeholders will do well to work with them and stop wasting good breath on piracy.
I propose that we leave Alaba alone for one week and target the big users who are enjoying the rewards without the sweat. They have no hiding place, and neither are they likely to go out of business or go on strike just because they have been asked to follow the law.
Who’s with me?
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
A NEW TUNE: COPYRIGHT COLLECTING SOCIETIES
I visited the infamous Alaba market a while ago. It’s said to be the hub of piracy and I had been warned to go with a good ID card in the event that law enforcers raid the place. Without prejudice to any person or group of people, I am tired of people shouting Alaba every other day. Yes, piracy is a scourge and I’m all for kicking it out, but I fear we’ve been ignoring other important things. The Alaba boys are ‘small fish’. I propose that we turn our attention to something that would be more rewarding in the end: A COPYRIGHT COLLECTING SOCIETY.
Nigeria is ripe for a functional, effective and reliable copyright collecting society. Things are looking up in this respect and so we will not go into the unfortunate history of collecting societies in Nigeria, neither will we take sides or get into the scramble of who’s right or wrong. All, we’ll do for now is understand what a copyright collecting society is and what it does.
By now, you should have a fair knowledge of how copyright works. All the same, here’s the deal. Copyright gives the owner of an eligible work the exclusive right to exploit that work in a number of ways including reproduction, recording, publishing, public performance, adaptation, translation, communication to the public, etc. In other words, only the copyright owner can do any of these acts or authorise anyone to do any of the acts. Any one that exploits the work without permission from the owner may be guilty of infringement.
This means that any person, or any organisation for that matter, that wants to use a copyrighted work, e.g., a song must seek permission. These users include television and radio stations (yeah, that’s right, especially them), competitions and talent shows, festivals and special events, expositions, restaurants, bars, hotels, night clubs, shopping centres, exhibitions, offices, websites, etc.
Now, imagine the representatives of all the ‘users’ of ‘Strong Thing’ on a queue at Banky W’s door, contracts in hand, seeking permission for every time they air or play the song or use it in some other way. Then, these poor people would then march to the doors of Tuface Idibia, to seek permission for every use of ‘Implication’, ‘Enter the place’, ‘African Queen’ and all his other songs, and then they would move on to Styl Plus, then TY Bello, then El Dee, then Ebenezer Obey, then Tosin Martins, Kefee, P. Square, Asa, and every other artiste or copyright owner. Ha!!
Enter the saviour: Collecting Societies
Put simply, a collecting society (also called a collective management organisation) is an association that has the authority to license works and collect royalties on behalf of copyright owners for an agreed fee. The collecting society acts as a middleman between copyright owners and the users of the works. The relationship between the copyright owners and the collecting society is a fiduciary one where the copyright owners are the principals and the collecting society is the agent representing them.
Copyright societies exist because it is impractical to enforce the rights of the copyright owners one by one and the copyright owners do not usually have the knowledge, expertise and resources to monitor all uses of their works. Equally, it is not possible for a broadcasting organisation, for instance, to seek specific permission from every copyright owner for the use of every copyrighted work, every time.
Contrary to what a lot of people think, collecting societies are not meant for those in the business of music alone. The members of a collecting society include all owners of copyright and neighbouring rights: writers, visual and other artists, photographers, music composers, singers, or performers. However, although broadcasting stations are copyright owners (with regard to their broadcasts), for this purpose, they are considered users.
As you have probably guessed, collecting societies are best appreciated by bulk users who use copyrighted work as the bedrock of their businesses. Collecting societies administer rights including:
a) The right of public performance (music played or performed in clubs, restaurants, and other public places);
b) The right of broadcasting (live and recorded performances on radio and television);
c) The mechanical reproduction rights in musical works (the reproduction of works on CDs,tapes, vinyl records, cassettes, mini-discs, or other forms of recordings);
d) The performing rights in dramatic works;
e) The right of reprographic reproduction of literary works (photocopying);
How A Collecting Society Works
1. The copyright owners join a collecting society and declare all their works, the rights to which they want the society to administer for them.
2. The collecting society builds up a large repertoire or collection of works.
3. The users of the work (e.g. broadcasting stations, exhibitors, schools and eateries) negotiate with the collecting society for a licence to use all the works in the repertoire of the collecting society for a specific period of time, for a fee, of course. This licence is called a blanket licence because it covers a lot of works.
4. The collecting society monitors the use of the licensed works.
5. The users submit records of the works used over a specified period to the collecting society (e.g the logs of music played on radio between January 1st and June 30th).
6. At a specific time, the collecting society pools all the proceeds paid by users, deducts a percentage for administrative costs and distributes the rest of the proceeds to the copyright owners based on the use of their works, as determined from the records submitted by the users. They are special technological systems used for all these purposes.
In practice, it may be cumbersome for just one collecting society to manage all the types of rights enumerated above. So, what usually obtains is that a collecting society handles just one of the rights, e.g., the right of public performance.
Where a collecting society is under reciprocal representation agreements with collecting societies in other countries, it may administer foreign repertoires in its national territory, exchange information and pay royalties to foreign owners of rights. For instance, if the collecting society in Nigeria is under this reciprocal agreement with ASCAP (one of the collecting societies in America), it would represent the copyright owners in ASCAP’s repertoire and ASCAP would represent the copyright owners in the repertoire of the Nigerian collecting society.
The race has started, but in Nigeria, we are still tying up our shoestrings. Yes, the Copyright Society of Nigeria (COSON) has been approved and all that. We can only hope that the society executes the mandate before it timeously as we lose remuneration and revenue daily. All stakeholders will do well to work with them and stop wasting good breath on piracy.
I propose that we leave Alaba alone for one week and target the big users who are enjoying the rewards without the sweat. They have no hiding place, and neither are they likely to go out of business or go on strike just because they have been asked to follow the law.
Who’s with me?
© 2010 Tinukemi Alabi
Comments/Questions: tinukemi@gmail.com
Thursday, July 29, 2010
MUSIC FOR YOUR MOVIE
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
MUSIC FOR YOUR MOVIE: DOs and DON’Ts
Picture this. You are watching a Yoruba ‘epic’ movie. It’s an ancient war scene set in a local village in Ondo State of Nigeria, and suddenly, the voice of Celine Dion breaks out “Gonna stand by your side noooooow, let me kiss all your tears away…”
No, your sister didn’t just put her phone’s music player on the loudspeaker mode. It’s the part of soundtrack of the Yoruba epic movie you are watching. Yeah, yeah, I know it’s not that bad anymore, but I had to get your attention somehow.
Dear people of Nollywood, we are talking movies + music today. Never underestimate the role of a soundtrack in a movie. In fact, in Hollywood and Bollywood, it is not unusual for a movie to have its own soundtrack album, released separately from the movie.
Let’s understand how to properly acquire music for your movie.
At the onset, let’s distinguish between the music on the soundtrack of a movie that has already been produced and the music that is not yet on the soundtrack of a movie. Both are musical pieces that are protected under the Copyright Act. However, they are protected differently. The music on the soundtrack of a movie is protected as part of a cinematograph film, as it is included in its definition in section 39 (1). The music that is yet to be on a movie soundtrack, however, is protected as a musical work. It is this musical work that is sought to be used that we are concerned with here.
To obtain music for your movie, you have two options:
1. Use already existing music that has been sung and recorded.
2. Create fresh and completely original music for your movie.
Or you can take both options.
Existing Music
If you’re using existing music, bear in mind that the musical piece is a protected work under the Act. Section 5 (1) (a) grants the holder of the copyright of a musical work a number of exclusive rights in the work which includes reproduction, publishing, performance, distribution, broadcasting, adaptation, making of a cinematograph film or record in respect of the work, or doing all of the foregoing in relation to the translation or adaptation of the work.
It may be quite tricky to ascertain who owns the copyright in a song. It may have been written and composed by Mr. Lagbaja and recorded by Mrs. Tamedun of One-Nigeria Record Company. If you want to use the lyrics and composition of the song and get your own sister, Nightingale, to sing it, you’ll need to ask Mr. Lagbaja for a license. This license is called a synchronisation license (synch license).
If, however, you want to use the song as sung and recorded by Mrs. Tamedun, you’ll need to get a master use license from One-Nigeria Record Company to use this specific recording, in addition to getting a synch license from Mr. Lagbaja. In Nigeria, however, all this grammar may not be necessary as it is usually the same person that writes a song and records it.
It’s prudent to make certain that neither Mr. Lagbaja nor Mrs. Tamedun has infringed the copyright of another person entirely (a third party) in writing or recording the song, so you’ll not get ‘implicated’.
Whichever license you get, whether it’s a synch license, a master use license, or both, ensure that it gives not just the right to reproduce and use the musical work on your movie but also includes further rights of publishing, performance, distribution, broadcasting, etc. It may also be clever to envisage the possibility of developing a soundtrack album in the future.
Original Music
You may decide to go the route of producing your own fresh music for the movie. This is especially preferable if you are working with a low budget. You could get a good songwriter to write the song, and beg your choir leader to sing it for you. It’s also possible for you to get a song that is already in the public domain (i.e. a song for which the copyright protection has expired), this means no licenses, no royalties.
It’s generally cheaper to get an unpopular singer to record the song for you. However, if you must use a popular musician, you should ensure that he/she is not under an exclusive recording contract with a record company, or else the record company’s permission will be required.
It’s advisable to insist on a contract between you and the person who is writing/singing/recording the music for you which names you as the owner of the copyright in the music. This is because under section 9 of the Copyright Act, this writer and/or singer would be the owner of the musical lyrics and composition or recording, unless such a contract exists. Ensure that it is a work for hire under the contract, that way, the copyright belongs to you.
Any option you choose, don’t forget that you have to do this for every musical work you use.
Tiresome, isn’t it? Getting an entertainment lawyer isn’t such a bad idea, after all.
MUSIC FOR YOUR MOVIE: DOs and DON’Ts
Picture this. You are watching a Yoruba ‘epic’ movie. It’s an ancient war scene set in a local village in Ondo State of Nigeria, and suddenly, the voice of Celine Dion breaks out “Gonna stand by your side noooooow, let me kiss all your tears away…”
No, your sister didn’t just put her phone’s music player on the loudspeaker mode. It’s the part of soundtrack of the Yoruba epic movie you are watching. Yeah, yeah, I know it’s not that bad anymore, but I had to get your attention somehow.
Dear people of Nollywood, we are talking movies + music today. Never underestimate the role of a soundtrack in a movie. In fact, in Hollywood and Bollywood, it is not unusual for a movie to have its own soundtrack album, released separately from the movie.
Let’s understand how to properly acquire music for your movie.
At the onset, let’s distinguish between the music on the soundtrack of a movie that has already been produced and the music that is not yet on the soundtrack of a movie. Both are musical pieces that are protected under the Copyright Act. However, they are protected differently. The music on the soundtrack of a movie is protected as part of a cinematograph film, as it is included in its definition in section 39 (1). The music that is yet to be on a movie soundtrack, however, is protected as a musical work. It is this musical work that is sought to be used that we are concerned with here.
To obtain music for your movie, you have two options:
1. Use already existing music that has been sung and recorded.
2. Create fresh and completely original music for your movie.
Or you can take both options.
Existing Music
If you’re using existing music, bear in mind that the musical piece is a protected work under the Act. Section 5 (1) (a) grants the holder of the copyright of a musical work a number of exclusive rights in the work which includes reproduction, publishing, performance, distribution, broadcasting, adaptation, making of a cinematograph film or record in respect of the work, or doing all of the foregoing in relation to the translation or adaptation of the work.
It may be quite tricky to ascertain who owns the copyright in a song. It may have been written and composed by Mr. Lagbaja and recorded by Mrs. Tamedun of One-Nigeria Record Company. If you want to use the lyrics and composition of the song and get your own sister, Nightingale, to sing it, you’ll need to ask Mr. Lagbaja for a license. This license is called a synchronisation license (synch license).
If, however, you want to use the song as sung and recorded by Mrs. Tamedun, you’ll need to get a master use license from One-Nigeria Record Company to use this specific recording, in addition to getting a synch license from Mr. Lagbaja. In Nigeria, however, all this grammar may not be necessary as it is usually the same person that writes a song and records it.
It’s prudent to make certain that neither Mr. Lagbaja nor Mrs. Tamedun has infringed the copyright of another person entirely (a third party) in writing or recording the song, so you’ll not get ‘implicated’.
Whichever license you get, whether it’s a synch license, a master use license, or both, ensure that it gives not just the right to reproduce and use the musical work on your movie but also includes further rights of publishing, performance, distribution, broadcasting, etc. It may also be clever to envisage the possibility of developing a soundtrack album in the future.
Original Music
You may decide to go the route of producing your own fresh music for the movie. This is especially preferable if you are working with a low budget. You could get a good songwriter to write the song, and beg your choir leader to sing it for you. It’s also possible for you to get a song that is already in the public domain (i.e. a song for which the copyright protection has expired), this means no licenses, no royalties.
It’s generally cheaper to get an unpopular singer to record the song for you. However, if you must use a popular musician, you should ensure that he/she is not under an exclusive recording contract with a record company, or else the record company’s permission will be required.
It’s advisable to insist on a contract between you and the person who is writing/singing/recording the music for you which names you as the owner of the copyright in the music. This is because under section 9 of the Copyright Act, this writer and/or singer would be the owner of the musical lyrics and composition or recording, unless such a contract exists. Ensure that it is a work for hire under the contract, that way, the copyright belongs to you.
Any option you choose, don’t forget that you have to do this for every musical work you use.
Tiresome, isn’t it? Getting an entertainment lawyer isn’t such a bad idea, after all.
BRANDING AND ALL THAT JAZZ
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
BRANDING, AND ALL THAT JAZZ
Entrepreneurship. I find that word fascinating for two reasons. One: it’s challenging to spell correctly. And two: it is a convenient cover-up for those who do not know what they are doing or what they are about, since everyone knows that an entrepreneur may not be successful immediately. Well, we are not discussing how to make a business idea or entrepreneurial venture succeed; we don’t want to put the core business advisors and shrinks out of business. However, we’ll briefly discuss something that could be a crucial element to its success.
Here’s another popular word: Branding. Every Bode, Obinna and Ali is tossing that word about these days, and with good reason too. As with almost everything in life, it could work for you or against you. When you’re starting a business, an important factor to consider is your brand. You may own the brand or you may have to apply for a licence from its rightful owner (we’ll talk about licensing and franchising another time).
In business, a brand is important because it creates an identity for you which can help you to:
• Ensure that your customers, clients, business partners and the general public can distinguish your product/service from others products/services.
• Build a relationship and reputation with the general public and have a competitive advantage (well, if your product/service is good).
• A successful brand is a form of property (intellectual) that can help you to obtain income (through franchising and royalties).
• A good and successful brand is a valuable business asset that helps your credibility and may help you gain investors and obtain financing.
Your brand is a form of your intellectual property. It is as much a property as any other thing you own, and in due time, it could even be more valuable than your real property or other tangible properties. Thus, it is important for you to protect it, so as to get the most out of it. This is especially in a country like Nigeria where everyone wants to copy a successful thing and make it their own.
The best form of protection that you can give your brand is by registering it. Registration gives you the exclusive right to prevent others from trading under the same or a confusingly similar brand.
Branding is related to many areas of law including unfair competition, advertising law and company law. However, the area of law that deals with the registration of a brand for the purposes of protection is a part of intellectual property law called trade marks’ law. In legal parlance, a ‘brand’ is usually referred to as a ‘mark’ (I agree with you that it is not as glamorous).
A mark is a sign that distinguishes goods and services of one person/enterprise/business from those of others. It could be a word, letter, numeral, drawing, picture, shape, colour, label, name, or any combination of any of these. Where it is used on a product or a service, it is generally called a ‘trade mark’ or a ‘service mark’ respectively.
The registration of a mark in Nigeria is governed by the Trade Marks Act. I will not go into the actual process of registration here and now, let it suffice to say that the current process of trade marks registration may be somewhat cumbersome. Thus, it is best to let the strong-hearted lawyers and trade mark agents handle it for you.
I have to briefly mention the doctrine of ‘PASSING-OFF’ by which protection is given to unregistered marks by common law. If some person/entity ‘passes off’ their product or service with a mark that looks like your own or with your name or mark, in a manner sufficient to cause confusion or deception, you are entitled under law to proceed against the person.
The advantage that a registered mark has over an unregistered one is that of proof in the event of infringement. A successful Passing-Off action depends on proof that the mark has accumulated public goodwill over a period of time, and that certain losses have been, is being, or is likely to be incurred by you as a result of the actions of the infringer. This ‘goodwill factor’, which may be difficult to prove, is not compulsory in an action for the infringement of a registered mark.
The remedies for an action for infringement of a registered mark and those of an action for passing off on an unregistered mark are the same viz: injunction, damages, accounts, conversion, delivery up and destruction of the infringing goods.
Well, now, you can’t say you didn’t know all these.
BRANDING, AND ALL THAT JAZZ
Entrepreneurship. I find that word fascinating for two reasons. One: it’s challenging to spell correctly. And two: it is a convenient cover-up for those who do not know what they are doing or what they are about, since everyone knows that an entrepreneur may not be successful immediately. Well, we are not discussing how to make a business idea or entrepreneurial venture succeed; we don’t want to put the core business advisors and shrinks out of business. However, we’ll briefly discuss something that could be a crucial element to its success.
Here’s another popular word: Branding. Every Bode, Obinna and Ali is tossing that word about these days, and with good reason too. As with almost everything in life, it could work for you or against you. When you’re starting a business, an important factor to consider is your brand. You may own the brand or you may have to apply for a licence from its rightful owner (we’ll talk about licensing and franchising another time).
In business, a brand is important because it creates an identity for you which can help you to:
• Ensure that your customers, clients, business partners and the general public can distinguish your product/service from others products/services.
• Build a relationship and reputation with the general public and have a competitive advantage (well, if your product/service is good).
• A successful brand is a form of property (intellectual) that can help you to obtain income (through franchising and royalties).
• A good and successful brand is a valuable business asset that helps your credibility and may help you gain investors and obtain financing.
Your brand is a form of your intellectual property. It is as much a property as any other thing you own, and in due time, it could even be more valuable than your real property or other tangible properties. Thus, it is important for you to protect it, so as to get the most out of it. This is especially in a country like Nigeria where everyone wants to copy a successful thing and make it their own.
The best form of protection that you can give your brand is by registering it. Registration gives you the exclusive right to prevent others from trading under the same or a confusingly similar brand.
Branding is related to many areas of law including unfair competition, advertising law and company law. However, the area of law that deals with the registration of a brand for the purposes of protection is a part of intellectual property law called trade marks’ law. In legal parlance, a ‘brand’ is usually referred to as a ‘mark’ (I agree with you that it is not as glamorous).
A mark is a sign that distinguishes goods and services of one person/enterprise/business from those of others. It could be a word, letter, numeral, drawing, picture, shape, colour, label, name, or any combination of any of these. Where it is used on a product or a service, it is generally called a ‘trade mark’ or a ‘service mark’ respectively.
The registration of a mark in Nigeria is governed by the Trade Marks Act. I will not go into the actual process of registration here and now, let it suffice to say that the current process of trade marks registration may be somewhat cumbersome. Thus, it is best to let the strong-hearted lawyers and trade mark agents handle it for you.
I have to briefly mention the doctrine of ‘PASSING-OFF’ by which protection is given to unregistered marks by common law. If some person/entity ‘passes off’ their product or service with a mark that looks like your own or with your name or mark, in a manner sufficient to cause confusion or deception, you are entitled under law to proceed against the person.
The advantage that a registered mark has over an unregistered one is that of proof in the event of infringement. A successful Passing-Off action depends on proof that the mark has accumulated public goodwill over a period of time, and that certain losses have been, is being, or is likely to be incurred by you as a result of the actions of the infringer. This ‘goodwill factor’, which may be difficult to prove, is not compulsory in an action for the infringement of a registered mark.
The remedies for an action for infringement of a registered mark and those of an action for passing off on an unregistered mark are the same viz: injunction, damages, accounts, conversion, delivery up and destruction of the infringing goods.
Well, now, you can’t say you didn’t know all these.
Tuesday, June 22, 2010
Feather Play
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
FEATHER PLAY
The hard way is the most effective way of learning. However, since I’m nice, I’ll be gentle, but we do have to learn. Let us ruffle some feathers, so we can learn, of course. For the purposes of this bird play, we’ll take a journey on one of those ‘executive’ coaches that ferry people across the country and sometimes outside.
Ever travelled long distance by road in Nigeria in one of those ‘executive’ coaches? There are a lot of reasons not to: the fatigue, the time, the crappy food…but on the good side there’s the extra leg room, added convenience, the movies…. Let’s talk about those movies you watch on the road (or maybe in the air). Now, we won’t be discussing the sensibility of the storyline or the appropriateness of the cast, we will be discussing legality.
Of course, for the purposes of this discussion, we’ll be referring to our beloved Copyright Act. Movies are protected under the Act as cinematograph films. This right is vested in the author of the film, maybe the producer. However, it is possible that a film being viewed in a coach has been licensed to a Pay TV broadcaster, like DSTV or hiTV, and it is from this broadcasting station that the film is copied and shown in buses.
To determine whose copyright has been infringed, it would depend on whether the film is being shown straight from the disc on which it was recorded by the producer, or whether it is being shown from the channel of a broadcast station, where it was part of a broadcast (we are assuming that the broadcast itself is duly licensed). Either way, there is some protection.
By section 5 (1) (c) of the Act, the author of a cinematograph film generally has the exclusive right to control, i.e. to do or authorise the doing of any of the following acts in Nigeria:
a) Make a copy of the film;
b) Cause the film to be seen or heard in public;
c) Make any record embodying the recording in any part of the soundtrack associated with the film by utilising such soundtrack;
d) Distribute to the public, for commercial purposes of the work, by way of rental, lease, hire, loan or similar arrangement.
Similarly, thanks to section 7 of the Act, the copyright in a broadcast is the exclusive right to control the doing in Nigeria of any of the following acts:
a) the recording and re-broadcast of the whole or a substantial part of the broadcast;
b) the communication to the public of the whole or a substantial part of a television broadcast, either in its original form or in any form recognisably derived from the original;
c) the distribution to the public for the commercial purposes, of copies of the work, by way of rental, lease, hire, loan or similar arrangement;
d) the taking of still photographs from the broadcast.
Now are these ‘coaches’ encroaching on some rights? Let’s look at section 14(1) (a) and (c). The import of this section is that It provides that copyright is infringed by any person who without the licence or authorisation of the owner of the copyright:
(a) does, or cause any other person to do an act, the doing of which is controlled by copyright;
(c) exhibits in public any article in respect of which copyright is infringed under paragraph (a) of this subsection.
So, now, you tell me, if these coaches have not been authorised to show these films, will they be infringing some person’s right, prima facie? It’s okay, you won’t be an ‘aiding’ or ‘abetting’ by watching the movies in the coach, so you can tell the truth, at least to yourself. The coach company has probably lost their own copy of your ticket anyway, so no one will be able to trace you.
It would be interesting if the actual copyright owners were to take it up with these guys, but that is not the point here. The issue is that those things that you thought you could do and get away with? Well, people are starting to take notice. For every ‘home video’ you buy, realise it is just what you call it, a home video, not meant for public use or viewing. I believe a warning usually appears on the screen to tell you just that. The fact that the warning is tacky and/or may be filled with typographical errors would not relieve you of liability.
Oh, you are smiling? Afterall, you do not own an executive coach. However, as it happens, this is not limited to buses, planes, bicycles, scooters or anything moves you from point A to B. It applies in a lot of situations: the club or that is busy showing broadcasts from Soundcity and MTV Base; the owner of a restaurant or fast food place that is playing ‘home videos’ or watching Africa Magic during business hours where customers can watch; the ‘beer parlour’ owner who hopes to draw in more customers by showing football matches on TV…
The copyright to these works are owned by people who are slowly but surely getting interested in their investments, and whether you like it or not, the law says they get to dictate how their works are exploited. So, if hiTV says to pay 50,000 for some form of commercial bouquet before you can show their matches or whatever in public, well, tough luck.
You can either get an authorisation from the owner, or you can wait for fifty years after the end of the year in which the film was first published or the broadcast first took place, whatever the case may be, since that is when the protection ends. I personally think it might make more sense to go the first way, though, because if you have to wait for fifty years, instead of the ‘home video’ they expect, your clientele may mistake it for some form of documentary on 'Yesteryears'.
If you must do it, do it right. Really, how hard is that to understand?
FEATHER PLAY
The hard way is the most effective way of learning. However, since I’m nice, I’ll be gentle, but we do have to learn. Let us ruffle some feathers, so we can learn, of course. For the purposes of this bird play, we’ll take a journey on one of those ‘executive’ coaches that ferry people across the country and sometimes outside.
Ever travelled long distance by road in Nigeria in one of those ‘executive’ coaches? There are a lot of reasons not to: the fatigue, the time, the crappy food…but on the good side there’s the extra leg room, added convenience, the movies…. Let’s talk about those movies you watch on the road (or maybe in the air). Now, we won’t be discussing the sensibility of the storyline or the appropriateness of the cast, we will be discussing legality.
Of course, for the purposes of this discussion, we’ll be referring to our beloved Copyright Act. Movies are protected under the Act as cinematograph films. This right is vested in the author of the film, maybe the producer. However, it is possible that a film being viewed in a coach has been licensed to a Pay TV broadcaster, like DSTV or hiTV, and it is from this broadcasting station that the film is copied and shown in buses.
To determine whose copyright has been infringed, it would depend on whether the film is being shown straight from the disc on which it was recorded by the producer, or whether it is being shown from the channel of a broadcast station, where it was part of a broadcast (we are assuming that the broadcast itself is duly licensed). Either way, there is some protection.
By section 5 (1) (c) of the Act, the author of a cinematograph film generally has the exclusive right to control, i.e. to do or authorise the doing of any of the following acts in Nigeria:
a) Make a copy of the film;
b) Cause the film to be seen or heard in public;
c) Make any record embodying the recording in any part of the soundtrack associated with the film by utilising such soundtrack;
d) Distribute to the public, for commercial purposes of the work, by way of rental, lease, hire, loan or similar arrangement.
Similarly, thanks to section 7 of the Act, the copyright in a broadcast is the exclusive right to control the doing in Nigeria of any of the following acts:
a) the recording and re-broadcast of the whole or a substantial part of the broadcast;
b) the communication to the public of the whole or a substantial part of a television broadcast, either in its original form or in any form recognisably derived from the original;
c) the distribution to the public for the commercial purposes, of copies of the work, by way of rental, lease, hire, loan or similar arrangement;
d) the taking of still photographs from the broadcast.
Now are these ‘coaches’ encroaching on some rights? Let’s look at section 14(1) (a) and (c). The import of this section is that It provides that copyright is infringed by any person who without the licence or authorisation of the owner of the copyright:
(a) does, or cause any other person to do an act, the doing of which is controlled by copyright;
(c) exhibits in public any article in respect of which copyright is infringed under paragraph (a) of this subsection.
So, now, you tell me, if these coaches have not been authorised to show these films, will they be infringing some person’s right, prima facie? It’s okay, you won’t be an ‘aiding’ or ‘abetting’ by watching the movies in the coach, so you can tell the truth, at least to yourself. The coach company has probably lost their own copy of your ticket anyway, so no one will be able to trace you.
It would be interesting if the actual copyright owners were to take it up with these guys, but that is not the point here. The issue is that those things that you thought you could do and get away with? Well, people are starting to take notice. For every ‘home video’ you buy, realise it is just what you call it, a home video, not meant for public use or viewing. I believe a warning usually appears on the screen to tell you just that. The fact that the warning is tacky and/or may be filled with typographical errors would not relieve you of liability.
Oh, you are smiling? Afterall, you do not own an executive coach. However, as it happens, this is not limited to buses, planes, bicycles, scooters or anything moves you from point A to B. It applies in a lot of situations: the club or that is busy showing broadcasts from Soundcity and MTV Base; the owner of a restaurant or fast food place that is playing ‘home videos’ or watching Africa Magic during business hours where customers can watch; the ‘beer parlour’ owner who hopes to draw in more customers by showing football matches on TV…
The copyright to these works are owned by people who are slowly but surely getting interested in their investments, and whether you like it or not, the law says they get to dictate how their works are exploited. So, if hiTV says to pay 50,000 for some form of commercial bouquet before you can show their matches or whatever in public, well, tough luck.
You can either get an authorisation from the owner, or you can wait for fifty years after the end of the year in which the film was first published or the broadcast first took place, whatever the case may be, since that is when the protection ends. I personally think it might make more sense to go the first way, though, because if you have to wait for fifty years, instead of the ‘home video’ they expect, your clientele may mistake it for some form of documentary on 'Yesteryears'.
If you must do it, do it right. Really, how hard is that to understand?
Selato vs. CCL
Disclaimer: The aim of this article is information and enlightenment; please consult a solicitor for individual professional advice.
SELATO vs. CCL
Meet Selato. She’s a voice-over artiste extraordinaire. She heard that the telecommunications giant, Colossal Communications Limited (CCL), is about to launch a new advertising campaign. So, she hops into the studio and cooks up a wonderful commercial, even though CCL has not asked her to do anything. The beat is catchy, the script is perfect, and the whole commercial could air in less than 40 seconds. Awesome! If you heard it once, you were bound to fall in love with CCL.
After a lot of resilient lobbying, she gets audience before management of CCL. She proposes to sell the commercial to them for big bucks, but they won’t even buy it for small bucks. Licking her wounds, she tries to re-work the commercial for CCL’s rival Virtue Telecoms, but before she can do much, she hears that CCL is about to use a major part of the commercial for their campaign afterall. Now, that’s all good, except, there is no acknowledgment or financial compensation for Selato. In fact, CCL is claiming ownership of the commercial.
As you might have guessed, this is for those people who do things without being asked. No crime there. Afterall, life is a gamble, nothing ventured, nothing gained. However, this venture has turned into a mess where Selato might lose out totally.
Let us help Selato resolve her mess, you and I.
Dear Selato:
Before making trouble at all, let us confirm that you have the right to make trouble. This is a commercial about CCL where CCL was mentioned about a hundred times. However, you created that commercial.
Under the Copyright Act, this commercial can be classified as a ‘sound recording’ which is: the fixation of a sequence of sound capable of being perceived aurally and of being reproduced but does not include a sound track associated with a cinematograph film.
Copyright is vested in the author by section 9 of the same Act. This author is described in section 39 (1) as: the person by whom the arrangements for making of the sound recording were made, unless the parties to the making of the sound recording provide otherwise by contract within themselves’.
The case would have been different if CCL or CCL’s advertising agency had by contract commissioned you, Selato, to prepare the commercial for CCL. Then, they copyright would have been vested in CCL or even the advertising agency.
Now, Selato, you do not need a soothsayer to tell you that, prima facie, you are the author of the work, and you own the copyright. However, before you jump with glee, let us examine the nature of the right you have. No use jumping over something that is not worth a cup of beans.
By the provisions of section 6 of the Act, copyright in a sound recording shall be exclusive right to control in Nigeria:
a) the direct or indirect reproduction, broadcasting or communication to the public of the whole or a substantial part of the recording either in its original form or in any form recognisably derived from the original;
b) the distribution to the public for commercial purposes of copies of the work by way of rental, lease, hire, loan or similar arrangement.
As we see it, Selato, you have two options, really. You can leave CCL in the hands of God. Or you can use your God given brains.
You can get an interim injunction to stop CCL from airing the commercial. There’s no avoiding it, even though you may hate the word C-O-U-R-T. If it’s any consolation, a number of us hate that word, but we do what we have to do. The injunction is probably the only thing the big boys and shot-callers of CCL will respect. Even your lawyer may be denied audience when you want to calmly talk it over. Put the lawyer to better use and get an injunction. Simply put, this injunction is a temporary order of court which commands a person to do an act or to refrain from doing an act. In this case it will be to restrain CCL from airing the contentious commercial. Unfortunately, not only is it at the discretion of the court, it is not conclusive; the key word here is temporary. It has a short life span, which could be like 2 weeks, so this means that you shouldn’t do the victory dance yet.
Now, although it has been explained earlier, you own the copyright. However, since CCL may want to claim ownership or make some trouble of its own, you can apply to the court for a declaratory judgment (I did mention that this wasn’t over). This is a decision of the court for the determination of a controversy on law or rights. Here, the court will examine the situation and the relevant law and make a declaration as to who owns the copyright.
It is possible that while the declaratory judgment proceedings are still on, CCL will try to air the commercial as soon as the currency of the interim injunction is over. They are not likely to play fair, and neither should you. This is where you’ll bring in another type of injunction called the interlocutory injunction. Now, it has a longer life-span and will indeed last till the end of the court proceedings for the declaratory judgment. Its effect would be to stop CCL from airing the commercial.
The interesting thing about a declaratory judgment is that it does not necessarily grant you any executory relief, i.e., it is not an order to stop CCL from airing the commercial or to command CCL to pay you compensation. It only declares what is already obvious, that the copyright belongs to you.
The practical thing to do once you get your declaration is to wait. If CCL does not use the commercial anymore, that is good. You may still be able to get Virtue Telecoms to play ball.
However, it is very likely that CCL may still go on and air the commercial anyway, declaratory judgment or not. They are business men; they will weigh the profits the company will make from airing the commercial against the damages and compensation they will have to pay as a result of using the song without permission. It is very possible that the former will outweigh the latter.
It’s time to be practical, so you don’t end up fighting against a giant who has more means than you for protracted court litigation. You can claim compensation from CCL then. They would have used something which has been provided by statute and declared by the court as your work, of which you own the copyright. The issue of proof will be a lot easier than when you are trying to prove that they WILL or MAY use it. This will be a more straightforward and easily proven case of infringement. And if by now, you’ve caught the litigation fever, you would still have a better case in court than if CCL had not used your work.
However, please note that if CCL does not use the commercial, you have to ensure that any mention of or reference to CCL is totally removed from it, whether or not it is sold to another buyer.
Selato, it is possible that you do not like all this litigation business at all, but tough luck. Next time, try to keep from things you have not been asked to do. If you must, let the advertising agency or the company hear just a little portion of the commercial you have prepared and if they are interested in listening to the whole package, get them to sign a contract that will ensure that you get acknowledgment and compensation if they decide to use your work.
If you have not done that already, please pay special attention to the disclaimer above, individual circumstances can be trusted to differ greatly.
SELATO vs. CCL
Meet Selato. She’s a voice-over artiste extraordinaire. She heard that the telecommunications giant, Colossal Communications Limited (CCL), is about to launch a new advertising campaign. So, she hops into the studio and cooks up a wonderful commercial, even though CCL has not asked her to do anything. The beat is catchy, the script is perfect, and the whole commercial could air in less than 40 seconds. Awesome! If you heard it once, you were bound to fall in love with CCL.
After a lot of resilient lobbying, she gets audience before management of CCL. She proposes to sell the commercial to them for big bucks, but they won’t even buy it for small bucks. Licking her wounds, she tries to re-work the commercial for CCL’s rival Virtue Telecoms, but before she can do much, she hears that CCL is about to use a major part of the commercial for their campaign afterall. Now, that’s all good, except, there is no acknowledgment or financial compensation for Selato. In fact, CCL is claiming ownership of the commercial.
As you might have guessed, this is for those people who do things without being asked. No crime there. Afterall, life is a gamble, nothing ventured, nothing gained. However, this venture has turned into a mess where Selato might lose out totally.
Let us help Selato resolve her mess, you and I.
Dear Selato:
Before making trouble at all, let us confirm that you have the right to make trouble. This is a commercial about CCL where CCL was mentioned about a hundred times. However, you created that commercial.
Under the Copyright Act, this commercial can be classified as a ‘sound recording’ which is: the fixation of a sequence of sound capable of being perceived aurally and of being reproduced but does not include a sound track associated with a cinematograph film.
Copyright is vested in the author by section 9 of the same Act. This author is described in section 39 (1) as: the person by whom the arrangements for making of the sound recording were made, unless the parties to the making of the sound recording provide otherwise by contract within themselves’.
The case would have been different if CCL or CCL’s advertising agency had by contract commissioned you, Selato, to prepare the commercial for CCL. Then, they copyright would have been vested in CCL or even the advertising agency.
Now, Selato, you do not need a soothsayer to tell you that, prima facie, you are the author of the work, and you own the copyright. However, before you jump with glee, let us examine the nature of the right you have. No use jumping over something that is not worth a cup of beans.
By the provisions of section 6 of the Act, copyright in a sound recording shall be exclusive right to control in Nigeria:
a) the direct or indirect reproduction, broadcasting or communication to the public of the whole or a substantial part of the recording either in its original form or in any form recognisably derived from the original;
b) the distribution to the public for commercial purposes of copies of the work by way of rental, lease, hire, loan or similar arrangement.
As we see it, Selato, you have two options, really. You can leave CCL in the hands of God. Or you can use your God given brains.
You can get an interim injunction to stop CCL from airing the commercial. There’s no avoiding it, even though you may hate the word C-O-U-R-T. If it’s any consolation, a number of us hate that word, but we do what we have to do. The injunction is probably the only thing the big boys and shot-callers of CCL will respect. Even your lawyer may be denied audience when you want to calmly talk it over. Put the lawyer to better use and get an injunction. Simply put, this injunction is a temporary order of court which commands a person to do an act or to refrain from doing an act. In this case it will be to restrain CCL from airing the contentious commercial. Unfortunately, not only is it at the discretion of the court, it is not conclusive; the key word here is temporary. It has a short life span, which could be like 2 weeks, so this means that you shouldn’t do the victory dance yet.
Now, although it has been explained earlier, you own the copyright. However, since CCL may want to claim ownership or make some trouble of its own, you can apply to the court for a declaratory judgment (I did mention that this wasn’t over). This is a decision of the court for the determination of a controversy on law or rights. Here, the court will examine the situation and the relevant law and make a declaration as to who owns the copyright.
It is possible that while the declaratory judgment proceedings are still on, CCL will try to air the commercial as soon as the currency of the interim injunction is over. They are not likely to play fair, and neither should you. This is where you’ll bring in another type of injunction called the interlocutory injunction. Now, it has a longer life-span and will indeed last till the end of the court proceedings for the declaratory judgment. Its effect would be to stop CCL from airing the commercial.
The interesting thing about a declaratory judgment is that it does not necessarily grant you any executory relief, i.e., it is not an order to stop CCL from airing the commercial or to command CCL to pay you compensation. It only declares what is already obvious, that the copyright belongs to you.
The practical thing to do once you get your declaration is to wait. If CCL does not use the commercial anymore, that is good. You may still be able to get Virtue Telecoms to play ball.
However, it is very likely that CCL may still go on and air the commercial anyway, declaratory judgment or not. They are business men; they will weigh the profits the company will make from airing the commercial against the damages and compensation they will have to pay as a result of using the song without permission. It is very possible that the former will outweigh the latter.
It’s time to be practical, so you don’t end up fighting against a giant who has more means than you for protracted court litigation. You can claim compensation from CCL then. They would have used something which has been provided by statute and declared by the court as your work, of which you own the copyright. The issue of proof will be a lot easier than when you are trying to prove that they WILL or MAY use it. This will be a more straightforward and easily proven case of infringement. And if by now, you’ve caught the litigation fever, you would still have a better case in court than if CCL had not used your work.
However, please note that if CCL does not use the commercial, you have to ensure that any mention of or reference to CCL is totally removed from it, whether or not it is sold to another buyer.
Selato, it is possible that you do not like all this litigation business at all, but tough luck. Next time, try to keep from things you have not been asked to do. If you must, let the advertising agency or the company hear just a little portion of the commercial you have prepared and if they are interested in listening to the whole package, get them to sign a contract that will ensure that you get acknowledgment and compensation if they decide to use your work.
If you have not done that already, please pay special attention to the disclaimer above, individual circumstances can be trusted to differ greatly.
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