The protection of copyright
Copyright gives you, as the creator, the right to protect your creation – your ‘work’. This copyrighted ‘work’ is a broad and comprehensive concept. It may concern, for example, texts, films or photography, or (industrial) product design, fashion design, architecture or art. ‘Digital works’ such as websites, apps, interfaces and software can also be protected by copyright. A condition for copyright protection is that the work is the result of creative choices and does not borrow from another work.
As the owner of a copyrighted work you have two, exclusive rights: the exclusive right to publish the work and the exclusive right to reproduce the work. These rights not only offer protection against (other) exact copies of your work. Works reproduced or made public in part or in modified form can also be acted against under copyright law.
Copyright protection is created automatically when a work is created. You don’t have to apply for anything and you don’t have to register anything. However, in order to be able to successfully invoke your copyright later on, it is important that you can prove that you are the creator of the work. We therefore advise you to record how, when, and by whom the work was created and to keep documentary evidence (such as concepts, sketches, and design drawings) and the work dated by an independent party. If desired, Nysingh can provide you with further information on these aspects.
Legal advice in the event of copyright infringement
Nysingh’s lawyers are at home in (international) copyright law. We work for domestic and foreign companies, including various well-known brands and retail chains, and for design studios, advertising agencies and government agencies.
Our specialists will be happy to work with you to quickly and strategically deploy our skills in the event of infringement or a threat to infringe your copyright. We will also help you if another party believes that you are infringing or are about to infringe their copyright. In doing so, we always strive for a pragmatic solution, but if the case requires it, we litigate with verve. We have a great deal of experience with various forms of (international) civil proceedings, such as summary proceedings, proceedings on the merits, ex parte proceedings, arbitration and seizure proceedings.
Nysingh has extensive expertise in international copyright issues such as cross-border infringement cases and international licensing and distribution agreements. We are part of a global network of law firms and work with experienced copyright specialists in foreign law firms where necessary.
Feel free to contact us if you need specific, practical advice, for example on:
- (potential) copyright infringements at home and abroad
- claiming prohibition, compensation or transfer of profits
- defending against infringement claims by third parties
- drawing up and assessing (international) licensing agreements
- protecting product design and other designs
- international aspects of copyright
- modification or derivation of a work
- transferring copyrights
- digital aspects of copyright