Cross-border copyright disputes: a good agreement can prevent many problems
Copyright is a crucial right in industries such as the textile sector. Many prints, designs, and patterns that are created are protected by copyright. To prevent copyright infringement, there are several important aspects to consider.
The copyright holder
Determining who the copyright holder is plays a significant role in enforcing your rights, especially in international matters. In most cases, the original creator is the copyright holder unless the copyright has been transferred.
Transfer of copyright
When a company, for example from Türkiye, wants to assert copyright in the Netherlands, well-drafted contracts are of paramount importance. Particularly in cross-border issues, the legal differences between countries can create complexity. The Berne Convention[1] provides protection in member countries, but national laws and regulations often govern the specifics. Therefore, it is crucial for contracts to clearly specify who the copyright holder is, the conditions of the transfer, and the applicable law.
Under Dutch law, copyright can only be transferred by means of a deed. This deed must also meet specific requirements for the copyright transfer to be valid. If the deed is not properly drafted, the result may be that the copyright is not transferred. Consequently, you may not be able to take enforcement actions because you are not recognized as the copyright holder.
Example
A Turkish textile company claimed copyright on a design used in various garments it brought to market. In a court ruling[2], a key issue was that the Turkish textile company could not demonstrate that it was the rightful owner of the copyright on the "Design." Although the company claimed that the copyright had been transferred by the original designer, the attached documents were insufficiently clear or incomplete.
There was no conclusive evidence about who had transferred the copyright, which rights had been transferred exactly, and under which jurisdiction the transfer had taken place. Additionally, it was unclear whether the transferred rights actually included full copyright, as terms like "commercial rights" and "industrial design" in the documents were not specific enough. As a result, the Turkish textile company could not convincingly demonstrate that it was the copyright holder, which is a prerequisite for enforcement actions.
Conclusion
Copyright is essential in the textile industry to protect designs. To effectively address infringements, it must be clear who the copyright holder is, and transfers must be legally valid. In the Netherlands, a deed is required. A practical example illustrates how a Turkish textile company was unable to enforce its rights due to unclear documentation. This underscores the importance of well-drafted contracts to protect and enforce copyright.
[1] The Berne Convention for the Protection of Literary and Artistic Works (the Paris Act of 1971).
[2] The judgment in Dutch (link); ECLI:NL:RBGEL:2023:7484.
