Copyright

What we do

Copyright is usually indicated by the well-known copyright symbol ©. However, copyright is exactly the same as authorship. In the Netherlands, therefore, a copyright symbol is not required to enjoy copyright protection. After all, copyright arises automatically after the creation of the work.

Copyright protects a written, audio, or visual product, such as photographs and videos, and works of science or art. Copyright arises by operation of law; that is to say, the created work does not need to be registered in order to exercise the right against others. Copyright protects against unauthorized copying by others. To enjoy protection, the work must, among other things, be original, that is to say, have a distinctive character and be personally attributable to the creator. Furthermore, the work must be identifiable as a product of the mind. Should a copyright be infringed, damages may be claimed, among other things.

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of copyright. Contact us to discuss the possibilities.

Copyright and intellectual property law within IP law

Under Dutch law, copyright is the same as authorship and forms one of the pillars of Intellectual Property (IP) law. Unlike trademark law or patent law, copyright does not require registration: protection arises automatically as soon as a work with a distinctive, original character is created. As a result, copyright plays a role for virtually every business, whether it concerns an international group with its own content department or the baker on the corner having a logo, website, or product photos created. Our lawyers and in-house counsel help you determine exactly what is protected and who the rights holder is.

Who is the entitled party? Commissioned work and employment

The creator of a work is in principle the copyright holder, but in practice, ownership is often more nuanced. If an employee creates a work within the scope of the duties for which he was hired, the copyright rests with the employer pursuant to Article 7 of the Copyright Act (employer copyright). If a legal entity publishes a work as originating from itself without naming a natural creator, that legal entity is considered the creator pursuant to Article 8 of the Copyright Act.

A common mistake is assuming that the same rules apply to a self-employed professional or external agency. A contractor does not work “in employment,” so unless otherwise agreed, the copyright remains with the freelancer and the client only has a right of use. We draft agreements in such a way that the copyright on websites, software, designs, and campaigns actually ends up with you.

Transfer and licensing of copyright

Copyright is transferable, but pursuant to Article 2 of the Copyright Act, a transfer (deed) requires a written document signed by the creator; oral agreements do not suffice. If you do not wish to transfer a work but do wish to allow its use, you work with a license: an exclusive or non-exclusive usage rights agreement in which you specify the territory, duration, and forms of exploitation for which the right applies. For the structuring of such agreements, we collaborate with our page on license contracts. If your works are related to performances, recordings, or broadcasts, neighboring rights a role in addition.

Personality rights (moral rights)

In addition to exploitation rights, the creator holds so-called personality rights or moral rights, regulated in Article 25 of the Copyright Act. These grant the right to attribution and the right to object to alteration, mutilation, or infringement of the work that may harm the honor or reputation of the creator. These rights remain with the creator even after the transfer of copyright and cannot be fully contracted away. When having content designed or edited, we take this into account so that you are not faced with claims from a designer afterwards.

Copyright infringement: action and enforcement

If your work is copied, made public, or reproduced without permission, this constitutes an infringement. We typically begin with a cease and desist letter or, in the case of online infringement, a notice-and-takedown request ordering the opposing party to cease use. If this does not yield results, we may seek an urgent injunction in summary proceedings and a definitive injunction in main proceedings. Provisional seizure of evidence is possible to safeguard evidence. If you are being sued yourself regarding alleged infringement, we will assess whether the work is original, whether a license or exception applies, and conduct the defense.

Compensation and disgorgement of profits in cases of copyright infringement

In the event of a successful claim for infringement, you may claim damages. Pursuant to Section 27a of the Copyright Act, the author or their successor in title may, in addition to damages, also demand that the infringer surrender the profits derived from the infringement. The damages are assessed based on, among other things, lost license fees, lost revenue, and depreciation of the work. Furthermore, in IP cases, a full order for costs can be claimed, which lowers the threshold for taking action. We substantiate the claim and ensure proportionality, so that the approach is suitable for both a large media company and a small entrepreneur.

How long does copyright protection last?

Copyright is not perpetual. Pursuant to Article 37 of the Copyright Act, copyright generally expires seventy years after January 1 of the year following the death of the creator. After that, the work falls into the public domain and may be used freely. Different time limits apply to works by legal entities or works without a known creator. We assess whether a work is still protected before you invest in enforcement or, conversely, in (re)use.

Copyright in the broader IP strategy

Copyright rarely stands alone. A logo can be simultaneously protected by copyright and registered as a trademark (see trademark law ), and portrait rights play a role when using people in images . For a more in-depth look at pure copyright, we refer you to our copyright page . Our mixed teams of lawyers and in-house counsel combine these rights into a single strategy: from international corporations to the baker on the corner.