Anyone who creates something original obtains copyright on ‘the work’ that has been created. Copyright includes the creator's exclusive right to decide whether a work may be made public, for example, publication in a magazine or on a website. And whether the work may be reproduced, for example, by making posters of a photo, or by releasing a film on DVD.
For which works does copyright apply?
The Copyright Act protects, in principle, any ‘work of literature, science, or art.’ This includes, among other things:
- Books
- Plays
- Choreographies
- Musical works
- Visual arts
- Architectural designs
- Photographs
- Films
- Computer programs
Who are the rights holders?
In principle, the creator of a work is the copyright holder. This can be different, for example, if the work was created by a creator employed by an organization, in which case the organization is generally considered the rights holder.
It can also happen that there are multiple rights holders. For example, a piece of music may be performed by one person but composed by one or more individuals. In such cases, you must obtain permission for reuse from both the performer(s) and the composer(s).
What are neighboring rights?
In addition to the Copyright Act, the Neighbouring Rights Act is also important. This law grants performing artists (such as actors, dancers, musicians, costume designers, etc.) or the producer of a production the right to decide on the recording, reproduction, and broadcasting of a performance and to receive a fair compensation for it.
Exceptions to copyright
The Copyright Act also includes exceptions that serve the general interest (e.g., freedom of expression). For example, you can quote a portion of a work (e.g., in a newspaper article) or create a parody of a work without the copyright holder's permission. Special exceptions are also included in the Copyright Act for heritage institutions such as museums, libraries, and archives.
How long does copyright last?
Copyright generally expires seventy years after the creator's death. During this period, copyright typically resides with the creator's heirs. The neighboring rights of performing artists generally expire fifty years after the performance of the piece.
Can you transfer copyright?
A creator can transfer their copyright to someone else. However, this must always be done in writing, by deed. Additionally, the creator can grant someone else permission to use the work through a license. This license can be granted exclusively or non-exclusively. In the latter case, the license can be granted to multiple parties.If you make your work available online, you can use a Creative Commons license. This allows you to retain all rights and determine how others can use your work. Read more about Creative Commons here. (opens in new tab)
How do digital rights differ from live performance rights?
The agreements and licenses you have obtained for a live performance do not cover creating and/or publishing a digital copy of that work. As soon as you record, upload, or create another form of digital copy of a performance, you must arrange a whole new set of rights.
This is because you have created a new product that is made available to a different audience through a different medium. Arranging rights in the digital domain is often a more complex process than for live performances, which remains a relatively unfamiliar area for many.
What should you consider when you want to publish a production online? Read more here: https://www.den.nl/kennis-en-i...
Further reading
Want to learn more? On this website, you can find much more information about copyright and Creative Commons:
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