Copyright

You have created something. A text, a design, a photo or software. But what if someone uses it without permission?

Copyright protects the expression of creative labor. Whether you work in the arts, media, technology or business; chances are you are (consciously or unconsciously) creating or using valuable works that are copyrighted.

Bout Advocaten helps you understand, exercise and enforce these rights. We advise and litigate in complex copyright matters for creators, companies and institutions that want to prevent their work from being used without permission, or want to know what is allowed within the boundaries of the law.

What is copyright?

Copyright is the creator’s exclusive right to publish and reproduce his or her work. This right arises automatically as soon as a work is created. Unlike trademark, design or patent law, for example, no registration or filing is required.

A prerequisite is that the work is sufficiently original. According to the law, a work must have its own original character and bear the creator’s personal stamp. In other words, it must result from free, creative choices.

Thus, copyright protects not the idea, but its elaboration. This includes a text, image, piece of music, film, design or software code. Even short texts, logos or sounds can enjoy protection under circumstances.

Who is the copyright holder?

In principle, the creator of the work is the rights holder. This can be an individual, such as a photographer, writer or programmer, but also an organization or company.

For entrepreneurs, the question of who owns the rights is often complex. In practice, discussions about this frequently arise, especially when a work was commissioned, developed in the course of employment, or created in collaboration. Some principles:

• With freelancers or contractors, copyright in principle remains with the creator, unless the contract provides otherwise. As a client, therefore, make clear agreements about transfer or licensing.
• In the case of employees, the employer is usually entitled unless otherwise agreed in writing.
• Jointly created works involve co-authorship, which has specific legal implications.

We clearly map out your legal position and help make conclusive agreements.

Copyright exceptions

Although copyright law basically grants exclusive rights to the creator, the law recognizes that certain uses should be possible without permission. The Copyright Act therefore has various exceptions and limitations in the interest of, for example, freedom of information, education, parody or technological innovation.

A well-known example is the right to quote: it is allowed to copy an excerpt from a work, for example, in a review, article or scientific publication provided that the quote is functional, proportionate and provided with source citation. Parodies, caricatures and educational use also fall under recognized exceptions.

There is also a home copying regulation, which allows individuals to make copies of a work for private use under certain conditions. In digital practice, temporary technical reproduction is also permitted, such as loading a website. Moreover, since the introduction of the European DSM Directive, new exceptions have been included, including those for text and data mining; relevant to AI, data analysis and digital research.

Although these exceptions provide leeway, they are strictly regulated. In practice, this often leads to legal debate. When is use without permission allowed, and when is it still an infringement? We give you clear advice on this.

What we do as copyright attorneys

Our law firm provides specialized legal support in the entire field of copyright law. We assist creators, companies, institutions and creative service providers who need clear legal guidance around protecting, using or exploiting creative performances.

Whether it is a work of art, design, text, software, photograph or product design; if there is a creative achievement, we will help you clarify the legal position and secure your rights.

Our advice includes:

• Scope of protection and work test
  We assess whether your work is copyrighted and provide clarity if it involves ideas, concepts or design that are (potentially) outside the scope of copyright.
• Authorship and legal position
  We map out who is entitled in assignments, employment or collaboration, and ensure that your legal position is contractually well established.
• Contracts
  We draft clear agreements on the use, transfer or licensing of copyrights. We also review existing contracts for risks and areas for improvement.
• Use of others’ work
  We advise you on what is and is not permitted when using the work of others, including under the right to quote, parody, educational exception or the DSM guideline.
• Infringement and enforcement
  Is your work being used without permission? Then we will take care of adequate enforcement, ranging from a summons letter to summary proceedings or a claim for damages. Have you just received an infringement claim? Even then we will assist you in conducting a proper defense.

Why choose our office?

We employ lawyers with specialized knowledge of intellectual property law. We deal with copyright issues on a daily basis, closely follow developments in legislation and case law, and have extensive experience litigating IP cases.

Our clients (national and international) appreciate our legal sharpness, strategic insight and clear communication. We translate complex regulations into concrete solutions. Whether it is preventive advice, contractual protection or an ongoing dispute: we ensure that your creative work is legally strong.

Get in touch

Would you like to know more about copyright law? Then get in touch with one of our specialists using the contact information on the right of this page, fill out the contact form or email us at info@boutadvocaten.nl. You can also reach us by calling during office hours: 050 – 314 08 40. Our copyright lawyers are ready to assist you.