Copyright

What is Copyright?

Copyright is the right that automatically follows from work created. Work can be a piece of art, a text, a graphic design, software or perhaps a new product design. 

The Dutch Copyright Act prescribes that it is forbidden to make public or multiply copyrighted work without the maker’s permission. These are the two most important rights an author can invoke on the basis of the copyright.

Conditions for valid copyright

The act prescribes that valid copyright can only exist provided two requirements have been met:

1. The work must have an original and  individual character and
2. Be perceptible by the senses: one must be able to see, hear or feel it.

No copyright shall rest on an idea or concept that does not yet exist in any tangible form.

Formalities and proof

Copyright follows directly from work created. Therefore formalities, filing and registration shall not be required. Nevertheless, it is often difficult to demonstrate the date on which copyright became effective. As a proof of copyright, work can for instance be 'authenticated' with an official date stamp from the tax authorities or the civil-law notary. An official date stamp guarantees the protection date.

Using copyright

Copyright allows the maker to (financially) benefit from his work, for instance by means of royalties. The maker has exclusive control over the use of the protected work and therefore is the only person entitled to publicise and multiply that work. The maker does have the right to give other parties the permission to use his work through licenses or transfers. The actual creator of the work is generally considered the copyright owner, although exceptions do exist for instance in the case of work that has been created in the course of one’s employment or within a commission contract. It is important to make crystal-clear agreements. Nederlandsch Octrooibureau will be delighted to advise you on the matter.

Copyright validity

Subsequent to the maker’s death, the copyright will automatically transfer to his inheritors. The copyright will expire 70 years from the maker’s death.

International

Copyright has also been laid down internationally in the Berner Convention and the Universal Copyright Convention. This allows the copyright owner to enjoy the same protection in several countries as though he were a citizen of that country. The copyright owner thus automatically holds several national copyrights.

Violating the copyright

The copyright owner also has the right to oppose to the production and marketing of work that has been 'copied or derived' from his own work. Professional advice on whether infringement really is the case is indispensable. For more information or advice you may contact the Legal Department of Nederlandsch Octrooibureau.