Copyright on the Internet

Movies, photos, sound recordings, logos and texts can be found on the internet. Almost all of these materials can be copyrighted automatically. This also applies to websites and their source code and formatting.

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Exclusive Right

If a work is copyrighted, it may often not be used without the author’s permission. A copyright gives the owner the right to take action against “publication” and “reproduction” (making copies) of the work. Copying or reproducing an image may, therefore, be prohibited. Sometimes authors do give the option to obtain permission against payment of a license fee.

Has someone taken over your work without permission, or have you copied an item without permission? Then there may be an obligation to pay damages. The (further) use of the copyrighted material may also be prohibited. Read more below about the options for you as a rightholder or for you as an (alleged) infringer.

Are you a Rightholder?

As a person entitled to a work that you have created yourself, you can, therefore, act against infringements. It is up to you to take action by addressing the infringer for violating your rights. Sometimes the infringer is not even aware of the infringement, and a written request for removal is often sufficient. However, do make sure that you demonstrate that the material is copyrighted, that you are the copyright holder, and that the other person commits an infringement.

Setup: Action!

If the infringement is committed intentionally, or if a friendly request makes no sense, it is recommended to take further steps immediately. Quick action is often required. The violation allows the infringer to obtain a financial advantage, which should, however, actually lie with the rightholder. Moreover, you can suffer considerable non-monetary damage. Therefore, your company’s reputation can be jeopardized by plagiarism.

An interim order or maybe even a seizure is possible, whether or not preceded by a summons letter. You can then claim to cease and to stop the infringement, if necessary under sentence of a penalty. And in addition, you can often claim damages, which you can base on the income you missed, such as your regular license fee.

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Contact

LAWFOX’s lawyers are happy to assist you. We can prevent legal proceedings for your company or organization, or take legal action if required. We have a team available that is glad to help you with all your copyright questions.

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