Copyright concerns the sole right to new and original designs: these are called copyrighted works. Sometimes small changes are sufficient to be defined as new, whereas other times they are not.
Who is the creator? The true creator owns the copyright, but sometimes it is the employer or the client. Copyright is economically important. Copyright is created automatically, but dating is legally relevant if another party claims an older copyright.
Numerous professions and sectors are legally based on copyright. Consider professions such as industrial designers, software developers, publishers, singers and photographers. Copyright is also important for film producers, journalists, writers, painters, architects, draughtsmen, scientists, choreographers, sculptors and artists. The client base is highly varied, therefore.
The focus is on the concepts of innovation, creativity and originality, but the threshold regarding the definition of a new work is not high. Ask us for advice and contact us, without obligation, on +31 (0) 20 52 10 130. Copyright grants a monopoly right but there are a series of exceptions. They are fair but create complexity. Questions arise in respect of copyright, such as: when does quoting become plagiarism and when are news stations or other media (press and media law) allowed to use a news item?
In addition to the quotation and plagiarism, copyrighted “works” may be edited by a new author, thus creating a new “independent copyrighted work”. Such editing is not an imitation, and the older edited work continues to be protected by the copyright of the other author. Call us or send us an email for further details about your case.
Is impersonating someone a joke or an insult? Who is really the creator? The employer, the freelancer, the client or another party? Also, the question of who owns the copyright can be complex, including in terms of furnishing proof. The question whether a product is an imitation or an adaptation arises on a regular basis. Fruytier Lawyers in Business has extensive experience and expertise in these issues.
Topics from the field:
infringement advice, combating counterfeiting, anti-piracy;
copying, counterfeiting, rectification, judicial order, seizure, interlocutory proceedings;
licensing, royalty model; assignment, creator, no author;
reputation damage, libel and defamation (Dutch celebrities) versus freedom of expression
misleading announcement; parody, privacy, portrait law
distribution organisations such as Pictoright, Buma, Stemra, Sena, Sekam etc.
sports and entertainment
transfer, buy out and splitting of copyrights
joint copyright; slavish imitation, look a like
concurrence with Databases, Benelux Designs, EU Community Designs
concurrence with neighbouring rights (WNR) and Benelux or EU logos
customised software; I-depot;
non-material and material damage; fake, combating imitation
extraordinary/higher legal costs compensation or risk compensation, Article 1019h Dutch Code of Civil Procedure.