Copyright

Under copyright law, you as the author have the right to protect your creative work from parties that copy or publish your work without your permission, but also to protect you from parties altering or damaging your work. Nysingh would be happy to help you enforce and use your copyrights, as well as in the event that you are accused of infringing another party’s copyrights.

“Together we will ensure that your creative work has a strong legal basis.”

Tjibbe Fokkens

Of counsel

Copyright protection

Under copyright law, you as the author have the right to protect your creation, or your “work”. This copyrighted “work” is a broad and multi-faceted notion. This could concern texts, movies or photographs, but could also entail the (industrial) design of products, fashion, architecture or art. In addition, “digital works” such as websites, apps, interfaces and software can also be protected under copyright law. One condition for protection under copyright law is that the work is the result of creative choices and was not derived from another work.

 

As the copyright holder of a work, you have two exclusive rights: the exclusive right to publish the work and the exclusive right to reproduce the work. These rights do not merely offer protection against exact copies of your work. Even if a work has been reproduced or published in part or in an altered form, legal action can often be taken against such acts under copyright law.

 

Copyright protection arises automatically upon the creation of the work, so you don’t need to apply for or register anything. However, in order to rely on your copyright at a later date, it is important for you to be able to prove that you are the author of the work. We therefore recommend that you document how, when and by whom the work was created, and that you keep evidence for such (such as drafts, sketches and design drawings) and have them dated by an independent party. If you wish, Nysingh can provide you with further information on this matter.

Legal advice on copyright infringements

The lawyers at Nysingh are experts in (international) copyright law. We work for companies both in the Netherlands and abroad, including various well-known brands and retail chains (and their operators), as well as design studios, advertising agencies and government bodies.

 

Our specialists are on hand to provide you with prompt and strategic advice should anyone infringe or threaten to infringe your copyright. We can also assist you if another party claims that you are infringing their copyright. We always strive for a pragmatic solution, but if the case calls for it, we will give our all in the litigation process. We have extensive experience in various national and international civil proceedings, such as preliminary relief proceedings, proceedings on the merits, ex parte, arbitration and attachment proceedings.

International copyright

Nysingh has extensive knowledge in the field of international copyright, such as cross-border infringement cases and international licensing or distribution agreements. We are part of a global network of law firms and, where necessary, work in collaboration with experienced copyright specialists from international law firms.
Please feel free to contact us if you need specific and practical advice on matters including:

  • (Potential) copyright infringements both domestically and abroad
  • Claiming an injunction, damages or surrender of profits
  • Defence against infringement claims by third parties
  • Drafting and reviewing (international) licensing agreements
  • Protecting product designs and other designs
  • International aspects of copyright
  • Alteration or damage to a work
  • Transferring of copyrights
  • Digital aspects of copyright

Contact us

Digital aspects of copyright or you want to ensure that your organisation is following the law, our specialists can help you with practical advice, strategic insight and up-to-date expertise.

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Our specialists

Tjibbe Fokkens

Of counsel

Thijs van Tilburg

Attorney at law