When you create something, it is protected by copyright. This means that, as the creator, you have the authority to determine how your creation is used. However, what happens when you commission a work? Does the right remain with the creator, or does it automatically transfer to your company?
Copyright in the Netherlands
The answer is that the copyright remains with the creator unless it is officially transferred. According to Dutch copyright law, a deed that explicitly states the transfer of rights is required. Without a deed specifying the transferred work, the copyright does not transfer. An oral agreement or an unsigned agreement is not sufficient.
Recent judgment
The Court of Amsterdam recently ruled on copyright related to a crochet pattern. A creator had designed new crochet and knitting patterns and accompanying instructional materials (text and video), for which she received compensation. For the work, the principal had drafted agreements for several projects in collaboration. The creator did not sign any agreement but still produced the crochet patterns and materials, meaning that there was no deed for the transfer of copyright.
According to the Court of Amsterdam, the principal infringed on the creator's copyright. As a result, the principal was ordered to pay damages and compensate for the legal costs.
Conclusion
According to Dutch copyright law, copyright can only be transferred through a signed deed. The deed must also include all necessary information, with particular emphasis on the precise identification of the work.
If you have any questions about Dutch copyright law or need assistance with drafting a copyright transfer deed, feel free to contact or of our
specialists.
