Copyrights protect in particular literary works, films, musical compositions, choreographic works, etc.
Copyright can protect Lots of content
- Literary works (novels, poems, plays, press articles).
- Musical compositions.
- Choreographic works.
- Paintings, drawings, photographs, sculptures.
- Advertising creations.
- Geographical maps.
- Technical drawings.
- The particularities of copyright.
It grants the author a set of rights allowing to control the use of his work. Copyright gives the exclusive right:
- to reproduce the work.
- authorize its reproduction.
- communicate it to the public.
Copyrights allow the holder also to enjoy an inalienable moral right including the rights:
- to disclose the work.
- to claim authorship.
- respect for the job.
Another peculiarity of copyright is that the protection it provides is acquired when the work is created. There is no filing formality. Therefore, copyright arises as soon as the work is fixed on a medium that can be communicated to others. It continues for 70 years after the death of the author.
This lack of formality offers copyright flexibility. However, in the event of litigation, it is sometimes difficult to prove that one is indeed the 1st author of the concerned work. Therefore, it is essential to be able to demonstrate that the creation of the action took place on a specific date. To achieve this, you can deposit the work in the form of an “i-DEPOT” with the OBPI (Benelux Office for Intellectual Property). The date of registration will be used in court. It is a simple and inexpensive procedure.
Another peculiarity: to be able to benefit from protection via copyright, the work of the mind must be original, that is to say, it must reflect the personality of its author.
Copyrights protection conditions
There are two conditions: the condition of formatting and the state of originality. Therefore, Copyright will not protect an idea as such. But its form, in a particular creation, will benefit from protection.
For example, the idea of packaging a work of art cannot benefit from copyright protection. On the other hand, the reproduction on a postcard of the packaging of the Pont-Neuf de Paris, produced by the American artist Christo, requires the latter’s authorization. Therefore, the packaging of another artwork does not require the approval of any American artist because it will be a reprise as it is not protected with copyright.
Copyrights protect a creation only if it is original
To be original, work must bear the imprint of the personality of its author. He must, therefore, have had a decisive influence on the form of creation.
There are no specific criteria for determining whether or not a work is original. In practice, this will involve analyzing the role of the author in the creative process. So if the creator has its original content then the creator will not face any copyright.
If the form of the work was dictated exclusively by external constraints, however, it is not the expression of the personality of the author.
To be original, the creation need not necessarily be of a new type. Usually, the courts are not very favorable for the creators to have original content.