What is a copyrightable work
A work is an original individual intellectual creation in the field of literature, science, and art (Art. 12(1)). Examples (Art. 12(2)):
- Written work (book, article, manual, brochure).
- Computer program, as a written work.
- Spoken work (lecture, speech).
- Musical work, with or without text.
- Dramatic, dramatic-musical, choreographic, and pantomime work.
- Photographic work and work made in a process similar to photography.
- Audiovisual work (cinematographic and other works expressed in moving images).
- Works of fine art (painting, drawing, graphics, sculpture).
- Works of architecture.
- Works of applied art and design.
- Cartographic works, plans, sketches, technical drawings, projects, tables, plastic works.
Databases and adaptations are also copyrightable if they meet originality conditions (Arts. 14, 15).
What rights the author has
- Moral rights — right of authorship, right to integrity of the work, right to decide on first publication.
- Economic rights — reproduction, distribution, adaptation, public performance, communication to the public. Last for life + 70 years.
How long copyright lasts
- Economic rights: life of the author + 70 years after death (Art. 55).
- Joint authorship: 70 years from the death of the last surviving co-author (Art. 56).
- Anonymous and pseudonymous works: 70 years after lawful publication (Art. 57).
- Audiovisual works: 70 years from the death of the last surviving among — principal director, screenwriter, dialogue author, and composer specifically created for the work (Art. 56(2)).
- Terms run from January 1 of the year following the event (Art. 60).
Related rights
- Performing artists (actors, musicians, conductors).
- Producers of phonograms.
- Producers of videograms (film producers).
- Broadcasting organizations.
- Publishers.
- Database makers.
Protected for shorter terms — typically 50 years — and with different rights.
Computer programs
A computer program is protected as a written work (Art. 12(2)(2)). The author has exclusive rights of reproduction, distribution, adaptation, and sale. Statutory limits exist for backup copies and interoperability.
Licensing and transfer of rights
Economic rights can be transferred by contract. Three contract types: publishing, license (exclusive or non-exclusive), and commissioned-work. The author always retains moral rights. The contract must specify works, rights, territory, term, and compensation.
Detailed page: Ownership & licensing
When to contact a professional
- You have a publishing, licensing, or sale contract for copyright works.
- Your work is used without permission (infringement).
- You have questions about collective management.
- You want to protect code or a database.
Other areas
Send us a message. We reply within 24 hours on working days.
Related expert answers
Short expert answers on intellectual property, written by professionals in the Nexa network.
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