Sebaata works for one of the local radio stations. He plays the guitar to make songs that they use for advertising for the clients of the radio station. In fact, the radio station has become very popular because no one else has the ‘bu-songs’ they have and they even want to make these songs caller tunes and ringtones so that they can get some more money from the people who like the songs.
Suupu, Sebata’s friend has told him that he should not suffer and he should demand to benefit from his songs when the radio station sells them as ringtones and caller tunes. However, Sebata’s supervisor Maria has just told him that the songs do not belong to him. Is this true?
WHAT DOES THE LAW SAY?
Intellectual property means the creations that come from people's minds such as a song, a poem or a book, a work of art, or designs of cool logo that are protected by the law. A person who creates this property is the owner of that property. For example, if you write a poem, then you are the owner (and the author) of that poem. If you write a song, that song is yours.
However, when you are working for someone else and this person pays you to create such intellectual property, then you cannot say that you own this property. This is because this is your job, and you receive a salary to do this work. Instead, the person who pays you to do this is the actual owner of that property.
If you create this property during your work hours using your employer’s tools such as their internet, electricity, room, studio, computers or machines, this property you have created belongs to your employer.
Since Sebata may have composed the songs for the adverts while at work and while using the radio station’s equipment, he does not own the songs. This does not mean that Sebata cannot use his talent to create music outside of his job. He must make sure he uses his own resources and does it in his personal time. However, it is important to note that this should be clearly agreed upon under a contract of employment. Where it is not, Sebata may claim rights to an extent to the creations made including the songs.
Source: BarefootLaw
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