Copyright

What we do

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.

What does copyright protect?

Copyright grants the creator of a work the exclusive right to make that work public and to reproduce it (Article 1 of the Copyright Act). Article 10 of the Copyright Act lists a broad, non-exhaustive list of protected works: from books, texts, and software to photographs, music, films, buildings, and works of applied art. Two requirements apply for protection: the work must have a distinct, original character and bear the personal stamp of the creator. An idea, style, or technique is not protected in itself – only the concrete, recognizable execution. Copyright arises automatically at the moment of creation; registration, a © symbol, or deposit are not required. However, it may be wise to clearly document the moment of creation and authorship so that you can prove this later.

Who is the maker: employees, assignments, and transfer

In practice, the question of who the copyright holder is gives rise to the most discussion. If an employee creates a work in the course of their employment, the employer is considered the creator by operation of law, and the copyright rests with the company (Article 7 of the Copyright Act). If an organization has a work created and made public under its direction and supervision as originating from itself, it may be considered the fictitious creator (Article 8 of the Copyright Act). However, if you engage a freelancer, photographer, designer, or software agency, the situation is different: without a written agreement, the copyright remains with the external creator, even if you have paid for the work. In that case, you acquire at most a right of use.

If you wish to acquire the rights yourself, a transfer is required. Copyright can only be validly transferred via a deed: a written document signed by the creator (Article 2 of the Copyright Act). A verbal agreement or a single invoice is insufficient. The alternative is a license, whereby the creator remains the rights holder but grants you permission to use the work within agreed limits. The same lesson applies to both the international corporation having a corporate identity developed and the baker on the corner having a website and logo created: document authorship, transfer, or license in writing beforehand. We review your contracts and general terms and conditions and draft clear IP provisions so that the rights end up where you want them. See also our page on license agreements.

Personality rights and duration of protection

In addition to exploitation rights, the creator has personality rights, also known as 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 the creator's honor or reputation. These rights remain with the natural creator, even after the transfer of copyright, although the creator may partially waive them. Keep this in mind if you have a work adapted or reused.

Copyright is not perpetual. It expires 70 years after the death of the creator, calculated from January 1 of the year following the year of death (Article 37 of the Copyright Act). In the case of multiple creators, the death of the surviving creator applies. After the expiration of that period, the work falls into the public domain and anyone may use it freely.

Copyright infringement and enforcement

Copyright infringement occurs when someone makes public or reproduces your work – or an adaptation that adopts the original features – without permission. Examples include copying texts, photos, or software, posting protected material online, or indiscriminately copying a product catalog. Whether actual borrowing has taken place depends on the degree of similarity and whether the copyright-protected features have been copied.

The Copyright Act offers rights holders powerful tools. You can claim damages and, in addition, surrender of the profits derived from the infringement, with an account and justification (Articles 27 and 27a of the Copyright Act). Through ancillary claims, you can, among other things, demand the surrender or destruction of infringing products (Article 28 of the Copyright Act). In urgent situations – for example, surrounding a product launch – summary proceedings can result in an injunction with a penalty payment within a few weeks, possibly preceded by a provisional (evidence) attachment. A particular feature of IP cases is that the losing party may be required to reimburse the full, reasonable, and proportionate legal costs instead of the usual fixed amount (Article 1019h of the Code of Civil Procedure). Often, a targeted formal notice or notice-and-takedown is sufficient; if not, our lawyers will litigate on your behalf before the court.

Copyright within the broader IP law

Copyright rarely stands alone. A logo, packaging, or product design can fall under both copyright and other IP rights simultaneously. We always consider the relationship with related protection, such as trademark law, design law , and the protection of trade secrets. In this way, we build a strategy that optimally protects your creative and commercial value. This page is part of our broader expertise in the field of Intellectual Property (IP law).

Frequently asked questions about copyright

Do I need to register my work to obtain copyright?
No. Copyright arises automatically as soon as you create an original work. Registration or a © symbol is not required, but proof of the moment of creation can be helpful in the event of a dispute.

I have paid a designer – does that make the copyright mine?
Not automatically. With an external contractor, the copyright remains with the creator, unless you have agreed in writing to a transfer (a deed) or a license. Payment alone does not transfer the rights.

How long does copyright last?
Until 70 years after the death of the creator, calculated from January 1 following the year of death (Article 37 of the Copyright Act). After that, the work is free to use.

What can I do about infringement?
You can seek a cessation of the infringement, damages, and disgorgement of profits, and, if necessary, an injunction with a penalty payment via summary proceedings. We advise on the fastest and most effective route.