Copyright Law

Our English-speaking lawyers provide legal assistance if you have any queries related to copyright law, i.e. sheet music or recording publishing, or works made for the purposes of applied graphical design, advertisements or films, neighbouring rights or patents, trademarks of industrial design, or collective rights management or if you wish to have an exploitation contract or a contract for the transfer of intangible assets drafted or assessed.

The difference between the protection of patent rights and copyright

There is a marked difference between the protection of patent rights and copyright. Protection of patent rights normally begins with the patenting of a technical novelty, i.e. the registration by the relevant authority, while the author is entitled to copyright protection right from the creation of the work.

Conditions of copyright protection

Copyright protection is subject to the work being original and unique, i.e. simple copying is entitled to copyright protection. The aesthetic value of the work is, however, not a prerequisite of copyright protection, i.e. protection is only subject to uniqueness and novelty, the work does not need to be enjoyed or perceived to be artistically valuable by others. That said, works subject to copyright protection are often created without the creator being aware that he or she is entitled to protection under copyright law. Examples include photographs, a piece of computer software or even a simple drawing.

Rights related to works created under an employment contract

A separate problem arises if you create a work subject to copyright protection while you are under an employment or similar contract. If the creation of the work was part of your job requirements, then all property rights related to the work are automatically acquired by your employer.