Is 'Joromi' anyone's Creation?

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Is ‘Joromi’ any one’s creation? 🤔

In the past couple of weeks, we have had some trending issues on social media, one of which is the use of Joromi by the singer, Simi. Quick reminder, Uwaifo equally released a song titled Joromi in the not so distant past.

As a legal practitioner, the Rules of my profession precludes me from commenting on an issue that is pending before the Court. Bearing this in mind, ample examples will be used to drive home the point. And what is the point? To enlighten you on the need to legally protect your ideas, innovations, artistic and or literary works amongst others.👌

As usual, for the ease of understanding, this discourse is devoid of legal terminologies (as much as possible). A separate detailed feature will be done on the blog with ample reference to law, the Applicable Statute, Case Law, the Stance of the Court in recent times etc. Stay with us🙏🙏

Firstly, we have heard the words, Copyright, Patent and Trademark thrown around all discussions on social media. As a matter of fact, these terms have been used interchangeably. Please note that these terms are different and they don’t mean the same thing neither do they apply to same scenarios.

Illustrations are hereunder provided to aid our understanding of these terms:

Assuming I am an Artiste🎤 and I release a song, I can copyright it subject to satisfaction of some conditions.

If I were a Computer Software Engineer 📠and I have created a code or an application, I can also copyright same.

Moving further, if as an Artiste, I have created an acronym or a name peculiar to my brand by virtue of long and popular use, I could trademark it.

As a Computer Software Engineer, I could also trademark a symbol peculiar to my application and/or code.

Patent on the other hand, will be applicable to protect the means I have devised to use my application and/or code.

Are you getting the difference in these terms? 🤔🤔

Basically, copyright protects literary, artistic works that has been published. So you need to put your ideas in writing or any other tangible and/or permanent means to claim copyright to same. You cannot copyright an idea in your head.

Trademark protects, symbols, names, logos, titles and the likes.

Copyright protects works such as lyrics of a song, movie, novel, choreography, article, blog content, vlog content, youtube videos etc.

Patent on the other hand is quite technical and it deals with innovations amongst others.

Permit me to describe a situation using a fictitious novel titled: Adesewa authored by Miss. Literature. Miss Literature holds the copyright to the work titled Adesewa. Does that stop any regular person from naming their child, Adesewa?

That is where the Trade Mark Act comes in, the Trade Mark Act allows a person to use their names, names of business etc., notwithstanding the fact that such a name has been trademarked by another.

So, Madam Esosa can name her new born Adesewa without infringing on the right of Miss Literature.

What I am saying in essence, is that the novel titled Adesewa (i.e. the body of the work) is protected by Copyright Act while the title itself can be trademarked under the Trade Mark Act. The implication is that the use of the name Adesewa in a body of work, such as book, song, movie will amount to an infringement of the author’s Trademark.

What happens, where the title Adesewa was not trademarked?

Okay! Even without trademarking the title of a work but it’s become notorious and widely known and associated with a particular person, an action is maintainable in the law of tort under Passing Off.

Further assuming that Miss Literature did not copyright the work nor trademark the title Adesewa, in so far as it has been popularized by her and closely associated with her, she can maintain an action in passing off.

A further discourse will be done on WHAT PASSING OFF CONNOTES. Please stay with us.🙏🙏🙏

Oluwatosin Ajose Popoola Esq.,

Team Lead: The Online Law Clinic

For Consultations and/or enquiries, please reach out to the Online Law Clinic Team on 09021229241 or onlinelawclinicteam@gmail.com.

#onlinelawclinic#onlinelegalclinic#blogger#blog#lawyer#beyondtheseries#joromi#simi#orlandoowoh#entertainmentlaw#weknowthelaw#weknowwheretofindthelaw#tundeednut#lawpavilion#nba#entertainmentindustry#copyright#patent#trademark#protectyourideas#talktoalawyer#entertainmentlawyer#instablognaija#somethinglightfortheweekend#weekendvibes#intellectualproperty#intellectualpropertylaw

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