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In principle, copyright belongs to the creator of a work (Article 1 of the Copyright Act). However, who the creator is is not always obvious: for the work of employees, the right often lies with the employer, and for commissioned work, it usually remains with the creator, unless you transfer it.
The main rule: the creator is the rights holder
Copyright is an exclusive right belonging to the creator of a work (Article 1 of the Copyright Act). If you wish to do something with someone else's work—use, modify, or publish a text, photo, design, or video—you need permission. The creator may refuse, grant it free of charge, or provide it for payment.
Work made by an employee
If an employee creates a work in the course of their employment, the employer is often considered the creator and rights holder (employer copyright, Article 7 of the Copyright Act). The rights then lie with you as the employer, unless otherwise agreed. It is advisable to confirm this in the employment contract to be on the safe side.
Work created on commission (freelancer)
If you have work created by a freelancer or agency, the situation is different: the rights generally remain with the creator, even if you have paid. In that case, you only receive a right of use for the agreed purpose. If you want full rights, arrange a transfer (by deed) or a broad license.
Establish the authorship and rights
Disputes regarding rights can easily be avoided. Stipulate in employment and contract agreements who holds the copyright or that it is transferred to you. This prevents you from being restricted from freely using your own logo, website, or content.
Frequently Asked Questions
Do I have the rights to work that I have made?
For an employee, often yes (employer copyright). For a freelancer, in principle not: the rights remain with the creator unless you agree on a transfer or a broad license.
Do I automatically get the rights if I pay?
No. Paying for the work does not automatically grant copyright. Arrange a transfer or license.
How do I avoid disputes about rights?
Stipulate in the employment or assignment agreement who holds the copyright or that it is transferred to you.
Define your content rights?
Our legal experts handle copyright in your contracts and draft a license agreement or deed of assignment. View our copyrightteam or schedule a free consultation.
