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Making content public and reproducing it vs. copyright

The warning 'nothing from this publication may be made public or reproduced without permission' is not an empty formality: it refers to copyright. The creator has the exclusive right to make his work public and...

Published on September 19, 2024 by MKBjuristen.nl
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The warning 'nothing from this publication may be made public or reproduced without permission' is not an empty formality: it refers to copyright. The creator has the exclusive right to make his work public and to reproduce it. If you do so without permission, you commit infringement and risk, among other things, damages.

The two core rights of the creator

Copyright grants the creator two important exclusive rights: the right to make public and the right to reproduce. Only the creator (or to whom he grants permission) may make the work public or copy it. In doing so, he retains control over how his work is used and distributed.

What is making public?

Making public means making the work available to the public: publishing, placing it on a website, broadcasting, exhibiting, or otherwise making it accessible to others. As soon as you publish someone else's text, photo, or design without permission, you are, in principle, infringing this right.

What is multiplication?

Reproduction is the making of copies or modifications of the work: copying, printing, downloading, reprinting, but also the appropriation or adaptation of parts thereof. Incorporating a part of someone else's work into your own material can also constitute reproduction.

The consequences of infringement

If you use a protected work without permission, the rights holder may take action: they may demand removal and an injunction, and claim damages or surrender of profits. Therefore, ask for permission or a license in advance, or use your own or royalty-free material. And if you wish to protect your own work, such a reservation makes your rights known.

Frequently Asked Questions

Am I allowed to publish someone else's text or photo?

Not without permission. Publication and reproduction are reserved for the creator; without permission, you are infringing.

Does this also apply to a part of a work?

Yes, copying or modifying a part can also constitute reproduction and therefore infringement.

What are the risks of an infringement?

An injunction, removal, and damages or surrender of profits. Ask for permission in advance or use your own or royalty-free material.

Protect copyright or tackle an infringement?

Our legal experts advise on copyright and take action against infringement. View our copyrightor IP lawteam, or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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