Copyright Law

Creative works and good ideas deserve protection. In today's information society increasing importance attaches to the safeguarding of intellectual property. Copyright protects the content and form of creative works. 

Protection extends to written texts, designs, drawings, music, photos, films, programmes, etc. in which time, money and creative energy have been invested. No official registration is required to obtain copyright protection. On the one hand, this is an advantage, because no costs are incurred at the outset. On the other hand, it is often far from easy in practice to furnish proof of authorship.

In some countries, such as the U.S.A., supplementary registration of the copyright is required to enforce certain rights.

In most cases a work protected by copyright cannot simply be copied, used or exploited. An author can bring an action against the infringement, effect a cessation of the infringing activities and a right to compensation for damages and dunning fees.

The use of a product protected by copyright generally requires a right of use, a license or a right of license. The best way to protect one's rights to use a creative work, a software or content is a license contract. License contracts which incorporate copyright elements are also to be found in manufacturing, design and developing contracts. If several persons, institutions or companies are involved in the creation of copyrightable works, content, software or products, it is advisable to clarify the rights of use and exploitation by means of a contractual instrument, such as a contract for work or service, a cooperation agreement or articles of association. Copyright clauses should also be taken into account in employment law, employment contracts and supplementary agreements.

Software enjoys statutory copyright protection.

Copyright protection is also relevant to much of the basic content of modern media, which is why this particular type of protection is also referred to as content protection.

The attorneys at Gulde & Partner advise and represent creative people, producers, developers and users of protected works in all matters relating to the safeguarding, protection and enforcement of their rights. They naturally also provide defence against unfounded claims and unjustified use.