Copyright
Tags: afbeeldingen, auteursrecht, auteursrechthebbende, auteurswet, broncode, copying, copyright, copyright holder, copyright law, kopiëren, logo's, maker, ontwerpen, pictures, publiceren, software, source code, teksten, texts, to design, video's, websites, werken.
Copyright was created to provide the creator of a work with legal protection for the integrity of his creative, spiritual creation. It gives the copyright holder the right to exploit his work. Copyright is not only a right that protects creativity, but also commercial value. It is not without reason that the digital market is of great importance in our information society!
Copyright gives the creator of works (texts, images, videos, logos, designs, source code, software or other original works) that bear the personal stamp of the maker and have their own original character, exclusive rights to make those works public (publish ) and multiply (copy).
“Het auteursrecht is het uitsluitend recht van de maker van een werk van wetenschap, letterkunde of kunst, of van diens rechtverkrijgenden, om dit openbaar te maken of te verveelvoudigen, behoudens de beperkingen bij de wet gesteld.” (Artikel 1 Auteurswet)
“Copyright is the exclusive right of the creator of a work of science, literature or art, or of its successors in title, to make it public or to reproduce it, subject to the limitations imposed by law.” (Article 1 Copyright Act)
In principle, the creator has the rights, but that may be different. The law provides that the person who creates the work is, in principle, the maker and entitled party. That can be a person, but also several people together. Or the person who has led and supervised the realization of the work. However, the copyright holder can also be a fictional creator – such as an employer or a company. Copyright can also be transferred, as a result of which someone other than the creator has become a rightholder.
Copyright is a prohibition right and not a compensation right. The copyright holder can therefore prohibit anyone from exploiting his work. The copyright holder may also grant permission to perform copyrighted actions. This is possible on the basis of a license, and often in exchange for a fee (royalty).
However, it is also important that the law places restrictions on copyright. Not every publication or copy therefore directly results in copyright infringement: there are exceptions to this.
Want to know more?
Lawyer Wouter Dammers is an expert in the field of copyright. If you want to know more about the rules in the field of copyright, please call or email this lawyer directly.
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