a) In relation to the law of property, describe five characteristics of a copyright.
b) Discuss five legal remedies of a mortgagee against a defaulting mortgagor
(a) Characteristics of copyright
- Copyright is property right which gives a range of exclusive rights in relation to the copyright work.
- The effect of copyright is to enable the owner to prevent others from using it.
- Copyright protection is accorded to work.
- Copyright arises automatically without the need for registration or other formality.
- Copyright confers protection, raises presumption of authorship and seeks as a reminder of the rights of the copyright owner and a warning against infringement.
(b) The legal remedies of a mortgagee against a defaulting mortgagor
The mortgaged property can be sold and the proceeds used to clear the outstanding amount in the mortgage
- Appoint a receiver
A receiver can be appointed to manage the property and the income received applied to clear the arrears and installments that fall due.
A court can give orders to deny the mortgagor a right to redeem his property.
- Possession of the mortgaged property and manage it to realize income to use to pay the arrears or installments due.
The debtor can be sued on the personal liability for breach of the covenant.