This is how you protect your unique work through copyright

Copyright protects original creative works — texts, photos, videos, software, designs, music. It arises automatically upon creation; no registration is required. Duration: 70 years after the death of the creator (corporate works 70 years after publication). It grants the exclusive right to reproduce, make public, and modify the work. In practice: recording proof of the creation date (i-DEPOT, blockchain, certified email) is indispensable in disputes. Below: what falls under copyright, which rights, and how Karim protects his software code.

The short answer

• What: protection for original creative works.
• When: automatically upon creation — no registration required.
• Legal basis: Copyright Act 1912 + EU Copyright Directive.
• Duration: 70 years after the death of the creator (corporate: 70 years after publication).
• Rights: reproduce, publish, adapt — exclusively for the creator.

What is covered by copyright?

Original creative works in any form:

• Texts: books, articles, blogs, code comments, scripts.
• Images: photos, illustrations, paintings, designs.
• Audio: music, recordings, podcasts.
• Video: films, animations, tutorials.
• Software: source code, structure, user interface.
• Architecture: building designs, technical drawings.
• Designs: furniture, fashion, packaging (often combined with design rights).

NOT protected by copyright:

• Ideas, concepts, theories (only the elaboration is protected).
• Facts, data, news (albeit via database law).
• Simple expressions without creative choices.
• Official documents from government institutions.

Conditions: original and personal

For protection, work must:

• a distinctive, original character — not a copy of an existing work.
• Maker's personal stamp — creative choices made by the maker

The threshold is low: a short sentence with a creative choice, a simple photo with a composition choice, or basic code with a logical structure can suffice.

Which rights?

Property rights

• Right of reproduction: exclusive right to make copies (printing, downloading, recording).
• Publication: exclusive right to make a work public (website, presentation, exhibition).
• Right of adaptation: exclusive right to translations, adaptations, sequels.
• Distribution right: exclusive right to sell physical copies.

These rights are transferable — they can be licensed or sold.

Personality rights (non-transferable)

• Attribution: right to be named as the creator.
• Integrity law: protection against defacement of work that damages reputation.
• Right of amendment: protection against unwanted amendments.

These remain with the creator even after the transfer of property rights.

Duration

• Individual works: 70 years after the death of the maker. E.g., work from 1980 by a maker who died in 2024 → protected until 2094.
• Co-makers: 70 years after the death of the longest-surviving co-maker.
• Anonymous or corporate works: 70 years after publication.
• Photos: standard 70 years after the death of the photographer.

After expiration date: work enters the public domain — free to use without permission.

Proof of creation date

Important: in disputes, you must prove that you are the creator and when you created it. Means of proof:

• i-DEPOT at BOIP (€45 for 5 years): official proof of date.
• Blockchain timestamp: digital and immutable.
• Certified email to yourself: postmark date as proof.
• Version control with date log: Git, Dropbox version history.
• Registration with collective management: BUMA, Pictoright (for specific works).

Software makers: Git repository with commit history is strong evidence of authorship and evolution of work.

Copyright and employment

For employees: copyright to work performed in the course of employment automatically resides with the employer (Art. 7 Copyright Act). No separate transfer is required.

For freelancers/contractors: copyright remains with the creator unless otherwise stipulated contractually. Important for clients: explicitly arrange for the transfer of intellectual property in the contract for services.

Karim employs software developers → code copyright automatically with Karim's BV. External freelancers: IP clause in every assignment.

Enforcement in case of infringement

1. Demand letter from copyright lawyer — cease use, damages.
2. In the absence of a response: summary proceedings for an immediate injunction.
3. Substantive proceedings for damages and disgorgement of profits.
4. Take-down notice on online platforms (YouTube, Facebook, Google).
5. EU customs on cross-border counterfeiting.

Honest recommendation

For SMEs creating creative works: record the creation date (i-DEPOT, blockchain, Git history). For clients of freelancers: explicitly state IP transfer in the contract. For licensing models: ensure clear license agreements regarding scope, duration, and exclusivity. In case of infringement: issue a prompt cease and desist letter via a copyright lawyer (€500–€2,000). For specific questions regarding software, art, or music: consult a specialized lawyer.

For other topics: copyright transfer deed, license agreement and what is intellectual property.

Frequently Asked Questions