Copyright: what is protected by copyright law?

Copyright law applies more often than one might think. For example, writers, photographers, musicians, as well as software developers have copyright on their works. When a work is created, it generally takes a lot of time, energy and money. Therefore, a work also represents a certain value. Copyright is therefore there to ensure that others cannot simply copy or distribute other people's works without their permission.

You've probably seen the term copyright come up regularly. Copyright is another word for copyright. Copyright arises automatically as soon as a work is created, so there is no need to apply for it.

Who owns the copyright?

In principle, the creator of a work is also the owner of the copyright, but there are exceptions. For example, an employer may be the owner of the copyright if the work was created during working hours or while someone was employed by that employer. The copyright may also contractual be transferred. By transferring the copyright, the other party becomes the new copyright owner.

Copyright protection by the Copyright Act

Copyright only protects works that have actually been realized, not just ideas. Copyright applies until 70 years after the death of the creator of the work, and if there are multiple creators, copyright applies until 70 years after the death of the surviving creator. After that, anyone may use it freely. Copyright is largely fixed in the Copyright Act. This is a 1912 law that has barely changed since then. Yet the law is still up to date. Because the Copyright Act protects ‘works of literature, science and art,’ it also covers, for example, source code created by a software developer.

Copyright exceptions: quoting is allowed!

However, there are a few legal exceptions to copyright. For example, quoting a piece of text is allowed if the person copying the piece of text mentions the source. However, the quotation must be functional and not the entire work may be quoted.

Use of a work in education does not violate copyright

Another exception is that the use of certain works in education is allowed and does not require permission. However, the work must then be used solely for educational purposes. The source of the work must also be mentioned. If protected work is used and that work is not (directly) part of the curriculum (e.g. music during a class evening), permission is required from the creator.

Parody or satire not copyright infringement

In addition, an exception applies to the use of a work in order to subsequently adapt that work in a humorous, critical or artistic manner. Think, for example, of a parody or satire. However, the work must be clearly different from the original. It is also required that it must be clearly recognizable as parody or satire. In addition, it must not harm the copyright holder and must not detract from the original work.

Copyright infringement lawyer

If someone uses your work without your permission, it is most likely a copyright infringement. As the copyright owner, you can demand that the work be taken offline or claim damages. At Lexys we are happy to help you with this. Please feel free to contact with us.