Copyright
Introduction
The object of copyright protection is a work of literature or art. However, copyright does not protect ideas, thoughts, principles, methods or concepts. Only when your work has received a concrete and original form, it will qualify for protection. Frequently asked questions are: who precisely can claim the copyright, which are the prerogatives of an author (property rights [reproduction right, distribution right, right adaptation, translation rights, landing rights, etc.], and moral rights: [right to publish, right to paternity (of the work) and the right to integrity]) and the now existing statutory and regulatory exceptions .
The protected object
Article 1 of the Copyright Act stipulates that “only the author of a literary or artistic work is entitled to reproduce the work in any manner or in any form”; . This implies that only literary or artistic works are protected by copyright (writings, art, audiovisual works, etc.). Protection can only be granted if there is a genuine and concrete form, in other words ‘ideas’ aren’t protected.
Who is the author?
In principle, the natural person who created the work is the holder of the copyright. This implies that only a physical person can be the initial owner of copyright. However, special rules apply to anonymous works, works made in the context of an employment contract or (in)divisible works by multiple authors. Moreover, one can deviate by contract from the standard principles.
The rights of an author
The rights of an author are divided in two categories: the moral rights and property rights.
The economic rights of an author are the following: a reproduction right (right to reproduction, distribution right, right adaptation, translation and legal right destination), a legal notice and a public exhibition right (mainly of interest in works of art). These property rights are limited in time (until 70 years after the death of the author), and originate once the work meets the protection requirements. There are several exceptions to the above property rights, including the right to quote, the private copy, and exceptions for scientific, school or educational purposes, et cetera.
The moral rights of an author include a divulgatierecht (right of publication), a paterniteitsrecht (recognition of paternity) and integrity right (respect for the work). Moral rights are inalienable, the limitation coincides with the economic rights, and the moral rights can only be exercised by specified persons.
(See also: How can I protect my idea? i-DEPOT).
Copyright summary
The legal principles of copyright deal with the object of copyright, who the author is and the moral and economic rights the author can rely on.