Copyright
Copyright protects your work (creation) against use by others. If you are the author of a book, the creator of a painting or the programmer of a computer program, the Dutch Copyright Act protects your work.
Copyright arises automatically when the work is created. You therefore do not need to register your work in order to obtain copyright. Registration can, however, help you prove when you acquired the copyright.
As the creator of a work, you have a number of rights:
- The right to make your work available to the public, or to communicate it to the public;
- The right to reproduce (copy) your work. Every creator has the right to make identical copies of the work;
- The right to be identified by name as the creator of the work;
- The right to object to alterations;
- The right to object to mutilation of the work.
Do you have questions about copyright or the use of a work? Our copyright lawyers advise on copyright, plagiarism, licences and transfers of rights, and take action in cases of copyright infringement.
The creator owns the copyright, not the person who merely produces the work
Under the law, the creator of a work is not necessarily the same person as the person who physically produces it. Creating the work is the creative activity, and the creator therefore owns the copyright. This differs from physically producing a tangible copy of the work. The person carrying out that production is an assistant who implements the creator’s idea.
Sometimes the creator and the person producing the work are one and the same person, such as a painter or sculptor.
Often, however, they are different people. The printer of a book is generally not the author, and the contractor who constructs a building is usually not the architect. Where a work has been created according to another person’s design and under that person’s direction and supervision, that person is the copyright owner.
In short, copyright law focuses on the person responsible for the creative and intellectual effort behind the work, not the person who physically produced it.
An employee often does not personally own the copyright
Suppose an illustrator is employed by a publisher. At the publisher’s request, the illustrator creates a number of illustrations for a book. Does the illustrator own the copyright in those illustrations? Initially, no. Where a work is created in the course of employment, the copyright belongs to the employer unless otherwise agreed.
Creating illustrations must, however, fall within the employee’s normal duties. If a pilot designs cabin crew uniforms in her spare time, the copyright belongs to her and not to her employer. After all, she is employed as a pilot, not as a designer.
Copyright in collaborative works
What happens if you create a work together? Who owns the copyright? Do you jointly own the copyright in the entire work? Or do you only own the copyright in the part you created yourself? It depends.
Separate copyright
Sometimes there are separate works. A work is separate where each contribution can also be assessed independently.
- The author and illustrator of a book;
- The composer and lyricist of a song;
- The programmer of a computer program and the compiler of a database created using that program
Joint ownership of copyright
There may also be a joint work.
- Two scientists jointly write the text of their research (co-authorship);
- Two programmers jointly write a computer program;
- Several heirs inherit copyright;
- Copyright is transferred to several persons.
Finally, copyright may also subsist in collective works such as anthologies, encyclopaedias, newspapers or certain films. The compiler then owns the copyright in the collection, but not in the individual components.
Please note: a client who commissions a work often does not own the copyright
Many clients assume: I paid for the commission, so I also own the copyright. In most cases, that is not so. This can sometimes lead to difficult situations.
For example, a large company commissions an advertising agency to develop a logo. A few years later, it acquires another company with its own logo. A different agency is then asked to create a new logo from the two existing logos.
The original advertising agency learns of this and objects. Because that agency owns the copyright, it can prohibit use of the new logo.
what our clients say about us
Matthy and Harjo were very pleasant to work with and responded rapidly to changes. Thanks in part to their expertise and strategic advice, we were able to resolve the dispute and achieve a very satisfactory result.
Olympus Nederland
Copyright infringement
If someone copies, adapts and makes your work available to the public without permission, this constitutes an infringement of your copyright, also referred to as plagiarism. Making a work available to the public may, for example, involve distribution via the internet, a magazine or television.
Cease and desist letter for copyright infringement
What can you do? You can send, or have a lawyer send, a formal demand to the infringer requiring them to cease the infringement and remove the works that have been made available to the public (also known as a cease and desist letter). The infringer may also be held liable for the loss suffered.
If there is no response, you may choose to bring court proceedings for copyright infringement. In that case, you may ask the court, among other things, to order the infringer to remove the works made available to the public, publish a correction and pay damages.
Copyright agreements
Copyright often plays an important role where a work is used or commercially exploited. Examples include publishing texts or photographs, using software or developing a design or logo. In such situations, it is important to make clear arrangements about who owns the copyright and how the work may be used.
In practice, disputes regularly arise where these matters have not been recorded, or have not been recorded adequately. Our lawyers therefore advise on drafting and reviewing copyright agreements. These may include licence agreements (permission to use a work), assignments of copyright, exploitation agreements and software licences. We also assist with agreements between creators and clients concerning the use of photographs, texts, designs or software.
We assist with drafting, reviewing and negotiating these agreements, so that it is clear in advance who owns which rights and how a work may be used. This can prevent many copyright disputes.
Would you like to know more about copyright? Contact us
Are you unsure who owns the copyright? Is your work being used without permission? Or would you like to make arrangements for the use of your creation, for example through a licence or an assignment of copyright? Our lawyers advise on copyright, draft agreements and take action in cases of infringement. Please feel free to contact us.
FREQUENTLY ASKED QUESTIONS ABOUT COPYRIGHT
When do I own copyright in my work?
Copyright arises automatically when you create a work that is original and has its own creative character, reflecting your personal choices, such as a text, photograph, design or software. Registration is not mandatory.
Can someone use my text or photograph without permission?
No. In principle, a work may only be used with the permission of the creator or copyright owner, unless a statutory exception applies, such as the right to quote.
Can I transfer my copyright to someone else?
Yes. Copyright can be transferred by written agreement. The new rights holder may then use and exploit the work.
What is the difference between a licence and an assignment of copyright?
With a licence, you grant permission to use a work while remaining the rights holder yourself. With an assignment, the copyright is transferred in full to another party.
What can I do if someone uses my work without permission?
This may constitute copyright infringement. You can formally demand that the user stop the use and, where appropriate, claim damages.
Does a client who commissions a work automatically own the copyright?
No. In most cases, the copyright remains with the creator unless it has been assigned in writing or the work was created in the course of employment.
How long does copyright last?
Copyright lasts until 70 years after the death of the creator. The work then enters the public domain and may, in principle, be used freely.
Do I own the copyright in a logo that I commissioned?
Not automatically. In most cases, the copyright remains with the designer or advertising agency that created the logo. If you want full control over the logo, the copyright must be assigned to you in writing.
Who owns the copyright in a website built for me?
This depends on the agreements made. Different parties often own copyright in different parts of a website, such as the texts, photographs, design or software. It is therefore advisable to record clear arrangements on this in an agreement.
Who owns the copyright in software developed on commission?
In principle, the copyright belongs to the programmer or software developer who created the software. A client will usually only receive a right of use (a licence), unless the copyright is assigned in writing.
What is copyright?
Copyright is the exclusive right of the copyright owner (often the creator) to make their work available to the public and to reproduce it (the so-called economic rights). Copyright also gives the creator certain moral rights, such as the right to object to alterations to the work or to publication of the work without attribution. Copyright protects the perceptible creative expression of the author. Paintings, books, photographs, illustrations and software are examples of works in which copyright may subsist. Copyright arises automatically upon creation of the work.
What does “copyright” mean?
“Copyright” is the English term for the Dutch word “auteursrecht”.
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