For creators and entrepreneurs who want to protect, exploit, or defend their texts, photos, software, designs, and other works against infringement.
Copyright protects creative works — from a logo, website, or photo series to software, a design, or text — against unauthorized use. Our lawyers and in-house counsel assist you in securing your rights, drafting licenses, and addressing or defending against infringement. We support both international corporations and the baker around the corner: practical and legally astute.
Copyright lawyers and in-house counsel in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: authorship, licenses, transfer, and infringement.Practical specialist legal assistance for entrepreneurs.
Specialist copyright advice from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
What is copyright?
Copyright is the exclusive right of the creator of a work of literature, science, or art to make that work public and to reproduce it (Article 1 of the Copyright Act). It protects, among other things, texts, photographs, software, websites, music, designs, and buildings. The right arises automatically at the moment of creation: you do not need to register or apply for anything. However, a condition is that the work has a distinctive, original character and bears the personal stamp of the creator.
Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — from securing rights to a new brand or software product to combating a photographer whose work is being copied without permission.
Who is the creator and who holds the rights?
In principle, the actual creator is the rights holder. However, there are important exceptions to this. If an employee creates a work while in the service of their employer, the employer is the copyright holder by operation of law (Article 7 of the Copyright Act). If a work is made public under the name of a company, that company is considered the creator (Article 8 of the Copyright Act). The situation is different for contractors, self-employed professionals, and freelancers: without a written agreement, the contractor retains the rights, even if you have paid. We will identify who holds the rights for you and ensure they end up with the correct party.
Personality rights of the creator
In addition to exploitation rights, the creator has moral rights (Article 25 of the Copyright Act). These include the right to attribution and the right to object to alteration or modification of the work that could harm their honor or reputation. These rights remain with the creator, even after the transfer of copyright, and can only be relinquished to a limited extent. When purchasing creative work, it is advisable to make agreements regarding this in advance.
License or transfer?
If you wish to use a work or have it used, there are two ways to do so. With a license, the creator grants permission for a specific use, territory, and term, while the copyright remains with them. With a transfer, the rights are permanently transferred to another party. A transfer and an exclusive license require a deed: a document signed by the creator (Article 2 of the Copyright Act). A verbal agreement or a single invoice is therefore not sufficient. If you wish to arrange rights tailored to your needs, please also take a look at our license agreement.
Infringement: what can you do?
If your work is copied, published, or reproduced without permission, this constitutes infringement. You can demand a cessation of use and claim damages or surrender of the profits derived from the infringement (Articles 27 and 27a of the Copyright Act). Additionally, the court may order the surrender or destruction of infringing copies (Article 28 of the Copyright Act). In urgent cases, summary proceedings offer a quick injunction. A particularity of intellectual property law is that, in principle, the losing party pays the winner's full reasonable legal costs (Article 1019h of the Dutch Code of Civil Procedure) — this makes taking action feasible even for smaller entrepreneurs.
Protection duration
Copyright lasts until 70 years after the death of the creator (Article 37 of the Copyright Act). If the right is held by a company, it applies for 70 years after the first publication. After this period, the work falls into the public domain and is free to use. If you are unsure whether a work is still protected or is free, we will investigate this for you.
Copyright for SMEs and corporations
The top end of the market often focuses solely on major rights holders and international cases. Not us: our mixed team of lawyers and in-house counsel helps both the international corporation and the baker on the corner with a copied logo. Accessible and practical, yet legally sharp — without unnecessary jargon and with a clear path to your goal.
Does your question fall under the broader IP law or under trademarks?
If it concerns not only copyright but also trademarks, designs, trade names, or a combination thereof, please visit our Intellectual Property (IP). If it specifically concerns registering and protecting a trademark with the BOIP or EUIPO, our trademark law you. This page focuses on works: authorship, licenses, transfer, and infringement.
What we help with
From securing your rights to tackling infringement — our lawyers and legal experts support you in every aspect of copyright.
Determining who is the rights holder in the case of employees, self-employed persons, and contractors (Articles 7 and 8 of the Copyright Act)
Drafting and reviewing license agreements and deeds of transfer (Article 2 Copyright Act)
Agreements regarding attribution and moral rights (Article 25 of the Copyright Act)
Notice of cease and desist letters for infringement
Summary proceedings and main proceedings in infringement and counterfeiting cases
Claiming damages and disgorgement of profits (Articles 27 and 27a of the Copyright Act)
Seizure, surrender and destruction of infringing products (Article 28 Copyright Act)
Advice on software licenses, websites, photos, and designs
Defense if you are personally sued for infringement
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You discover that your photo, text, design, or software is being used without permission
In copyright law, your starting position determines the outcome. Before we send a letter or initiate proceedings, we establish who the rights holder is, whether there is indeed a protected work and infringement, and what evidence is available. In this way, we choose the route—a cease and desist letter, negotiating a license, or summary proceedings—that best serves your interests, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss your work, its use, and your purpose, and review the relevant documents and agreements.
2
Analysis
We assess whether a protected work exists, who the rights holder is, and whether there is an infringement.
3
Strategy
We choose the route — advice, licensing, cease and desist letter, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from drafting licenses and deeds to litigating in cases of infringement.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Copyright
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of copyright. In addition, they have specialized in one or more areas of focus within intellectual property law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about copyright
The questions makers and entrepreneurs ask us most often.
Do I need to register my copyright?
No. Copyright arises automatically the moment you create an original work (Article 1 of the Copyright Act). You do not need to apply for or register anything, and it is internationally valid. However, it is advisable to keep proof of when and by whom the work was created, so that you can prove your authorship later.
I paid a freelancer for a design. Do I now have the rights?
Not automatically. Payment does not automatically grant you copyright. Without a written deed of transfer (Article 2 of the Copyright Act), the freelancer retains the rights, and in principle, you only have a right of use. We arrange the transfer or a suitable license so that you know exactly what you are permitted to do.
What can I do if someone infringes on my work?
You can demand a cessation of use and claim damages or surrender of profits obtained (Articles 27 and 27a of the Copyright Act), and, if necessary, the surrender or destruction of infringing copies (Article 28 of the Copyright Act). In urgent cases, summary proceedings provide a quick injunction. In IP cases, the losing party generally pays the full reasonable legal costs (Article 1019h of the Dutch Code of Civil Procedure).
How long does copyright last?
As a general rule, until 70 years after the death of the creator (Article 37 of the Copyright Act). If the right is held by a company, it applies for 70 years after the first publication. After that, the work falls into the public domain and anyone may use it freely.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting licenses and transfer deeds, and negotiations, an in-house counsel is often sufficient. For legal proceedings, such as summary proceedings or substantive proceedings in cases of infringement, a lawyer is mandatory. We have both in-house and will determine together with you what is most suitable.
Is copyright also for small business owners?
Yes. We help both international corporations and the entrepreneur around the corner. Especially for smaller businesses, properly documenting rights and usage prevents major problems later on, and the litigation costs regulations often make taking action against infringement feasible.
Discuss your situation with a copyright specialist.Our copyright lawyers and legal experts help both large companies and small business owners, from securing rights to tackling infringement. Schedule a meeting and know where you stand within a single session.
