COPYRIGHTS AND RELATED RIGHTS

WHICH TYPES OF WORKS MAY BE PROTECTED BY COPYRIGHT ?

Any literary, scientific and artistic works, in whichever way or form they are expressed, such as books, brochures and other written works, conferences, musical compositions with or without words, choreographic, dramatic, audiovisual, or multimedia works, drawings, paintings, sculptures, architect's plans, photos, works of applied art, databases, computer programs,... expressed in an original form.

BY A RIGHT RELATED TO COPYRIGHT ?

Performances by performing artists (actors, singers, musicians, dancers and other people who put on, sing, recite, declaim, play or perform literary or artistic works), the first sound or film recordings (on a master tape), radio broadcasts.

BY THE "SUI GENERIS" RIGHT OF THE DATABASE PRODUCER ?

Collections of works, data or other independent elements, set out systematically or methodically and individually accessible by electronic means or in another way (for example, a CD Rom containing all business telephone numbers in Belgium, an internet site, etc.)

WHAT ARE THE RIGHTS OF THE COPYRIGHT HOLDER AND OF THE HOLDER OF A RELATED RIGHT ?

Holders of a copyright or related right may prohibit any copying, altering, adapting or translating of their work as well as any distribution of the work or copies thereof and any communication to the public of the work (including posting on the internet) without their authorisation.

WHAT ARE THE RIGHTS OF THE DATABASE PRODUCER ?

The database producer is entitled to prohibit any extraction and/or reuse of the whole or of a substantial part in quantity or quality of the contents of the database or of non-substantial parts of the database content being extracted and/or reused if data are extracted repeatedly and systematically in a way which is contrary to normal use of the database or detrimental to the producer.

HOW IS PROTECTION OBTAINED ?

Protection arises without procedures or applications, from the sole creation. Evidence thereof must nevertheless be given in case of conflicts.

 

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WHAT CAN KIRKPATRICK DO ?

  • Work out together the best strategy for protecting your work
  • Draw up with you a reliable file to help you prove your creation or acquisition of creators' rights
  • Take the necessary steps to provide undisputable proof of the date of creation
  • Take measures to discourage copiers and, if possible, help to prove that copies have been made, or other forms of pirating have taken place
  • Draw up and negotiate licensing, distribution, publishing, escrow agreements etc.
  • Translate any document relating to your works