Copyright

Creative expressions are protected by copyright. In addition to traditional art forms such as music and paintings, modern manifestations such as software or graphic content of a website are also protected.

Copyright by law

Copyright is constituted by operation of law. You do not need to deposit or register anything. A prerequisite for protection is – briefly put – that you generated a creative expression. An idea is not protected by copyright if that idea has not been physically shaped. Therefore a “work” within the meaning of the copyright law must exist.

Works eligible for copyright protection are of course the traditional forms of expression such as paintings, drawings and music, but also software is eligible for copyright protection, although the scope is relatively small.

Exploitation of your work

In the exploitation of your work it is recommended to make watertight agreements with your contracting party. The scope of the permitted use and the financial compensation you may receive will have to be laid down in an agreement. Even if you create a copyrighted work on behalf of someone else, it is important to agree in advance who will own the copyright.

Violations of your copyright

If you discover that a third party uses your creation without your permission, you can take action. GMW lawyers can (among other things) draft a summons letter, conduct negotiations and, if necessary, initiate proceedings on your behalf.

Further information

Do you have questions about copyright or would you like to discuss a case? Please contact the Company and Insolvency section.