Copyright
You always have to deal with copyright in the arts. If you have made (created) something as a self-employed that somebody else wants to publish or adapt, it can earn you money. If you want to publish or adapt something that another person has made, you might have to pay to use it. If you are employed, this is a concern for your employer.
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Discipline specific
What is copyright?
So copyright has a high business component. At the same time it is about what makes art what it is, because a work can only be copyright if it has an original character, a personal stamp and a form.
The right of personality (the moral right) protects the integrity of the work: that is the non-material side of copyright. The right of exploitation is the material side of copyright. This is the exclusive right of the maker to publish and to reproduce (to copy, adapt, or cast in a different form, such as making the film of a book). Other parties require permission of the maker.
Registration of work
Copyright on a work occurs already by creating a work, but to be able to proof it, it is useful to register your work. If there is a conflict in which one party accuses the other of plagiarism, the date of registration prevails. You can register a work or idea with the notary or with the Benelux Office for Intellectual Property. Another possibility is to send the idea by registered mail (when receiving the envelope leave it closed) or send registered e-mails to yourself.
Transfer of copyrights or licenses
Transferring your copyright is the most far-reaching option: another person or organisation receives or buys the rights that you owned yourself first. You can also arrange the right of another person or organisation to use your work by granting a license (permission) to that other person or organisation. In that case, you will specify in an agreement for which purpose, under which terms and conditions, and for which period your work may be used by another person or organisation. You will remain the copyright holder yourself, merely conferring your rights temporarily. If it is a success, you can renegotiate the terms and conditions after the agreed period has passed. Creative Commons licenses enable creators to release their copyright-protected work for specific forms of reuse, without relinquishing copyright.
The transparency obligation is new. This means that an organisation, when transferring or licensing your copyright, must provide you with information about the exploitation, such as the forms of exploitation, the income and the fee to be paid.
Exploitation by organisations
There are a number of collective management organisations for copyrights. If you are considering joining such an organisation, weigh up the advantages and disadvantages and check the legal aspects. Do you want to transfer the exploitation, do you want to give out licenses or is the organisation only working as an intermediary? If you transfer your rights, you cannot get them back. At the bottom of this page you will find copyright organisations in various disciplines.
International
In 1886, the Berner Convention for the Protection of Literary and Artistic Works was adopted. This has been signed by approximately 180 countries. The guiding principle in this regard is that the origin of your copyrights is in the country where you first published your work. If you want to exploit your work abroad, you have to deal with the legislation and regulations that apply there. These are other agreements and remunerations than those which you would be entitled to in the Netherlands. New rules are being worked out in the European Union in order to further reduce the differences between copyrights within the member states. Dutch copyright organisations often have contacts with sister organisations in other countries and can help you on your way and provide information.
Sociocultural levy
The so-called ‘sociocultural levy’ (sociaal culturele heffing, SoCu levy) is a common deduction from your copyright fee (mainly in Europe). The money deducted goes to social and cultural causes, often via a so-called ‘social fund’. In this way, the funds are credited to you as rights holder, your creative achievements and the interests of the professional group. Buma/Stemra, Sena, Lira and Pictoright spend this levy on a social fund or other facilities.
Copyright and architecture
In general, urbanists and (landscape) architects work with clients who include copyright provisions in their contracts. The topics below are often addressed therein. It is up to you, as a designer, to consider whether you agree to them. A client will often try to acquire ownership of the copyrights. Aside from the fact that this is not always possible, exclusive use is usually not reasonable either. So, try to find out and specify what the intention is with regard to sharing copyrights.
- Right of use
Clients want to make free use of the designer's work so that the project can be carried out. Usually, this right is automatically included in the agreed fee and as a designer, you also benefit from your design being implemented.
- Publicity rights
Clients want the right to publish the work, for example for sales, rental or publicity purposes. In addition, they often want exclusive publicity rights, which means that you will no longer be entitled to publish your design and that is (often) unreasonable. Look for a solution in which you give each other the freedom to publish the design, provided that the name of the client, the designer and any other parties are mentioned.
- Right to change
Clients often seek to protect themselves by including provisions against designers who might oppose any (future) changes to their design. This may be deemed reasonable, but a middle ground exists too. You can agree, for example, that in the event of any changes, the designer needs to be involved: by means of notification, consultation, supervision or through being entitled to choose whether they carry out the assignment to change the design themselves.
- Right to reuse
Some projects lend themselves perfectly to reuse, such as holiday homes, conceptual buildings, barns, some houses, technical solutions, etc. It is wise to make agreements about compensation in the event of reuse by the client. You should also make agreements about your right to be allowed to reuse (elements of) your design. The client may sometimes ask for the exclusive right to reuse, but this is very much dependent on the situation.
- Shared copyright
More and more complex projects are carried out within a design team, in which the designers, advisers, developers and builders collaborate. Sometimes even occupants and/or users are involved. In that case, the designer is a kind of director, but the conceptualisation and elaboration may come from multiple parties. Make agreements in advance about who is allowed to call themselves the copyright holder and about who, and in which order, will be mentioned in the credits.
- Ownership
Make sure you establish who will hold the copyright, particularly if you work with other designers, for example within an agency/firm or with other self-employed professionals. You can, for example, agree that a certain party – mostly the initiator – will be the secretary and monitor the copyrights. The others may, for example, have the right to show the work in a portfolio, or on a website, provided the other parties are also mentioned.