Copyright is the exclusive right of the creator of a literary, scientific or artistic work to publish and reproduce that work. As a creator, you therefore have the right to prohibit another person from doing certain acts, or to allow them to do so, for example by granting a licence. Copyright arises automatically as soon as a work is created – no registration is required. However, copyright does have limitations, such as for instance the right to quote which allows one to use quotations without permission, within limits. To claim copyright protection, two questions should always be asked. Does the work qualify as a ‘work’ within the meaning of the Copyright Act, and then, does the other person infringe it, for example by imitating it (seems too much)?

When can something be considered a work?

Protection under Dutch copyright law requires that a work has its own personal character and bears the creator’s personal stamp. This means that the work cannot simply be a copy of another work, but must be the result of human creative labour and creative choices. It is important to note that ideas, styles or techniques are not covered by copyright protection. Only their specific expression in an observable work. So you have to ask the question whether the creator has made certain creative (personal or subjective) choices within the set limits to which you are bound if you have made, say, a piece of furniture, clothing, musical work or photographic work, that are not so banal or trivial that anyone would have made them. So the qualification question often enough causes headaches. If only because there are numerous exceptions that can prevent something from qualifying as a work.

What can you do with your copyrights?

Exploitation rights: So, as the copyright holder, you own the exploitation rights to the work, which allows you to get monetary compensation for the exploitation of the work. In most cases, this amounts to licensing and assignment. To draw up licence agreements, deed of assignment or to determine the different ways in which the exploitation can be given shape, you have come to the right place at Guldemond Advocaten.

Copyright infringement

If someone discloses or copies a copyrighted work without permission, this can be seen as a copyright infringement. You can then demand that the infringement ceases and claim damages. In urgent cases, an injunction can be enforced via summary proceedings. Many circumstances play a role in assessing whether a copyright infringement has occurred. In essence, it comes down to comparison of the two works and the criterium that the total impressions of the two works should differ. This is called the “totaalindrukken” or total impressions criterion. This often presents complex issues. How much similar or identical elements would be too much? And do these elements actually form part of the copyright protected aspects of the work? It is advisable to seek the assistance of a lawyer in cases of copyright infringement.

Contact

If you have a question about Copyright, please contact Guldemond Advocaten.