COPYRIGHT

What is copyright

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Copyright is part of itintellectual property rightand protects you as an authoragainst counterfeiting, and more generally against any use of your work without your permission. As an author, for example, you can prevent someone from making your work public: everyone must ask permission for this (and for many other actions).

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In addition to copyright in the narrow sense, there also existneighboring rights. Due to the neighboring rights, the works that cannot be protected by copyright nevertheless obtain asimilar form of protection. In principle, copyright is transferable to another person or body.

Copyright gives the creator exclusive rights to his creative works. These rights consist of property rights on the one hand and moral rights on the other.

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Property rights of the author

 

The property rights give authors the opportunity toincomefrom the exploitation of their creative work.

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Moral rights

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The moral rights of the author are the copyrights attached tohis own person. These rights are mainly intended to protect the reputation of the author and his personal relationship with his work.

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What can be protected by copyright?

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Copyright is very broad. Consequently, all kinds of works can be protected.

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Think for example of software, video games, graphic design or architectural plans. Alsoartistic creationssuch as visual works of art, film, photographs, literature and music are protected by copyright. Even news articles and blog posts can be copyrighted if theoriginal creationsare.

 

Also withgame characterscomes into play copyright.

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On the other hand, copyright protectsno ideas or thoughtsin itself. The idea can only be protected if it is oneconcrete form (expression)obtains.

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Terms of copyright protection

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Protection is granted to all possible works thatconcrete and originalare. Fromoriginalitythis is the case if your work is the result of the maker's free and creative choices, so that the work bears a personal stamp.

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How do I claim copyright?

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Copyright arisesautomatically. It is awarded to the author once a work has been created. In other words, there isno central registersuch as trademark law or patent law.

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How do I claim copyright?

 

As a general rule, thecreator of the creative workacquires the copyright. This also applies to works created by multiple authors. If several people are behind the creation of the work, everyone who has made a creative contribution is oneco-author. 

 

Why do I need copyright?

 

As an author, you can oppose someone using your work without your permission. If your work is copyrighted, yourpermissionare asked for, among other thingsreproduction or exploitationof the protected work. Anyone wishing to use a creation protected by copyright must obtain permission from the author.

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Copyright: How can Mr. Franklin help you?

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Protection of your works as an author

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​Because the copyrightwithout registration formalitiesarises, you can never be completely sure whether your work meets the conditions of copyright protection. Furthermore, copyright is often just one of themmultiple intellectual property rightsthat you can use to optimally protect your work. 

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mr. Franklin can advise you on this and guide you through the development of aprotection strategytailor-made so that your work is optimally protected.

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As an author you have oneexclusive righton your creation. You can therefore act against counterfeiting and against anyone who uses your work without your permission. If you identify a breach, we can report youassistin theenforcement of your intellectual property rights to defend your rights as an author.

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Author contracts

 

It is also important that you contract wisely about your copyrighted works. If you grant someone else permission to use your work (license) or if you have yourtransfer copyrights, then it is important that you properly agree on the conditions in a watertight author's contract or clause in your general terms and conditions. 

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mr. Franklin has onespecial expertisein negotiating and drafting author contracts in the most diverse sectors. 

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Approach Mr. Franklin: the importance of your creation comes first

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We have abroad experiencein conducting legal proceedings in this matter, such as cessation actions, compensation claims, counterfeit attachments, etc. Where possible, we always try to reach an amicable settlement. Do you want apersonal adviceabout the legal aspect of your creative work, do not hesitate to contact Mr. Franklin without obligation.

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​What about copyrights in tax terms?

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Tax optimization of your copyrights
 

As a person with a creative profession, you canoptimizeby getting yourself paid in part in copyrights, in exchange for the transfer or license of your creative works. Ittax benefitof such a copyright regulation cannot be underestimated:

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• Income from transferred or licensed copyrights is taxed up to a certain ceiling amounta withholding tax of 15%.

• There is aflat-rate deduction of professional expenses of up to 50%, which could reduce the final tax rate to 7.5%.

Who can benefit from this tax benefit? 
 

Typical creative professions that regularly apply this tax regime are:

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• Software developers and consultants

• Photographers

• Game developers

• Architects

• Marketers

• Graphic designers

• Teachers

• Journalists

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You can only enjoy this favorable tax regime as a numberrequirementsto be satisfied. For example, there must first be thetransfer or licenseof a work that enjoys copyright protection.

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You also need a writtenauthor agreementagreement in which a realistic author fee has been agreed. Finally, you must be able to properly motivate all of this in the event of a tax audit.

For more information on this topic, be sure to readour blog post on copyright tax optimization. ​Be sure to also check thedatabase of the Flemish government (VLAIO)where you can find additional information about this.

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