Copyright law

Your work is being used without permission. Someone copies your design, puts your photo online or uses your text as if it were their own. Frustrating, and often also an infringement of your copyright. As copyright lawyers, we help you take action against it, from a letter of claim to proceedings before the court.

Do you need legal advice straight away? Call 020 675 88 21 or get in touch.

Copyright protects original works such as books, films, photographs, art and software against unauthorised use by others. As the maker, you hold copyright automatically as soon as you create something. In practice, disputes mainly arise over use, assignment and infringement. Whether you want to establish your rights, need a licence agreement or have a dispute over plagiarism, we can help you further.

Infringement of your copyright: what you can do

Someone uses your photo on a website. Your design turns up at a competitor. A text you wrote appears under someone else’s name. As soon as someone makes your work public or copies it without your permission, there is copyright infringement. And then you want to know: what can I do?

The first step is to establish whether the work is actually protected by copyright. Not everything is protected. An idea, a style or a functional design falls outside it. But an original photograph, text, illustration, composition or piece of software code does. Is the work protected and did you not give permission for its use? Then you have a case.

• Document the infringement immediately. Take screenshots, note the URL, record the date of discovery and keep everything. You need this evidence for every next step, from the letter of claim to any proceedings. The more complete your documentation, the stronger your position.
• Letter of claim. The most direct and often effective first step. On your behalf, we call on the infringing party to stop the use, remove the work and, in most cases, pay damages. A firm letter of claim settles many cases without the court becoming involved.
• Summary proceedings. Does the infringing party fail to respond or refuse to cooperate? Then summary proceedings can be the next step. Where the matter is urgent, for example if the infringement continues or your work is distributed daily, the court can impose an interim injunction within a few weeks, coupled with a penalty payment for each breach.
• Proceedings on the merits. For a final judgment, full damages or an account of profits, issuing proceedings on the merits is the appropriate route. You can seek a declaration that infringement has taken place, an injunction against further infringement, damages, rectification and, in some cases, the destruction of infringing products.

Mind the legal costs. A special rule applies in copyright cases: the losing party can be ordered to pay the winning party’s actual legal costs. That differs from most civil cases, where only a fixed amount is awarded. This cuts both ways. It makes litigation attractive when your case is strong, but risky when your position is weak. So always have your case assessed beforehand.

Do you suspect that someone is infringing your copyright? Do not wait too long. The sooner you act, the stronger your position. A court can look critically at a party that sits still for months. Contact us for an initial assessment. Call 020 675 88 21 or send a message, and we will look at the best approach together.

When should you bring in a copyright lawyer?

Not every situation calls for a lawyer straight away. But there are moments when legal help makes the difference between months of muddling on and a quick solution.

Bring in a copyright lawyer when:

• You discover that someone is using your work without permission. Think of a photo on a website, a design at a competitor or your text in someone else’s publication. The earlier you act, the stronger your position. Waiting weakens your case.
• You receive a letter of claim over alleged copyright infringement. Do not respond on impulse. First have it assessed whether the claim is justified and whether the amount demanded is realistic. There is often room for negotiation.
• You want to assign or license your copyright and want certainty that the agreement is legally sound. Particularly since the written-form requirement was tightened on 1 January 2026, a well-drafted deed is not a luxury but a necessity.
• You are negotiating a collaboration in which copyright plays a role, think of co-creations, commissioned work or exploitation agreements. Uncertainty over who holds which rights is guaranteed to lead to problems.
• You are unsure whether something you want to use is protected by copyright. Not every text, design or photo carries copyright. We can assess that for you.

In our practice, we regularly see clients wait too long before bringing in a lawyer. In copyright disputes, speed counts: evidence disappears, infringements pile up and a court looks critically at parties that sit still for months.

What can I expect in damages?

In the event of copyright infringement, you can choose: damages, or an account of the profit the infringing party made from your work. Courts usually start from the licence fee you could have charged if the other party had asked permission in advance. Is your name credit missing, or has your work been altered? Then an uplift is sometimes added. What you eventually receive varies greatly from case to case. Would you like to know what your case is worth? Get in touch for an assessment.

Want to know more about how courts determine the amount, an account of profits versus a fixed sum, and the uplift for moral damage? Read our detailed explanation of damages for copyright infringement.

Received a letter of claim, or need one?

A letter of claim is a written demand to stop using a protected work from a given date. If that does not happen, we announce legal action. We draft such a letter for you. If you receive one yourself, we assess whether there is really infringement of a protected work and whether the amount demanded is correct. Read more on our page about the letter of claim for copyright infringement.

Assigning copyright: how does it work?

Assigning copyright means that you sell your rights in a work, in whole or in part, to another party. They may then exploit the work. Since 1 January 2026, stricter requirements apply. Transfer still takes place by deed. In addition, since that date you must also record the assignment agreement itself in writing. An oral arrangement is therefore no longer sufficient.

In practice, this regularly gives rise to discussion. Especially in the creative sector, in commissioned relationships between designers and clients, between producers and screenwriters, or with software developed by freelancers, the right assignment clauses are missing. Or they are drafted so broadly that it is unclear which rights have actually been transferred.

We draw up deeds of assignment and review existing agreements. If a dispute arises over whether copyright has in fact been transferred, we can assess your position and, if necessary, litigate. Contact us if you have questions about the assignment of copyright.

Licence agreement

With a licence, you as licensor give another party, the licensee, permission to use your copyright-protected work. It is essentially a right of use. Copyright then remains with you as the maker and licensor, but the licensee is given permission to use the work for a certain period and/or a certain purpose. In such an agreement you set out, for example, the licence fee the licensee must pay you, the territory in which the work may be used, for how long, and so on. There are two types of licence: exclusive and non-exclusive.

An exclusive licence means that the licensee is the only party allowed to use the work. An exclusive licence must be set out in a written agreement.

A non-exclusive licence means that, besides the licensee, another party (or you yourself as the maker) may also use the work. A non-exclusive licence can even be agreed orally. It is of course advisable to still put this in writing.

Would you like to know more about drawing up a licence? Then read our detailed article on the licence agreement.

Copyright at Liaise Advocaten

Copyright is at the heart of what we do. Liaise Advocaten is a niche firm for the creative and media industries, and intellectual property runs through almost all of our work: from film and music to art, journalism and software. We advise and litigate for makers, publishers, producers and creative entrepreneurs, and we know the practice of both the courtroom and the negotiating table.

A selection of our recent work:

• Proceedings for a copyright holder against an infringing party.
• Advice on establishing the legal position in the event of possible infringement of copyright and/or related rights.
• Assisting an artist accused of copyright infringement.
• Sending a letter of claim to an infringing party on behalf of a graffiti artist.
• Drawing up a deed of assignment of copyright for an app operator.
• Drawing up a licence concerning the exploitation rights in course material.

Would you like to know more about copyright, do you need help drawing up a deed of assignment of copyright or a licence, or do you have a dispute over copyright infringement? Then get in touch with one of our specialist copyright lawyers.

What is copyright (copyright protection)?

Copyright protection is the exclusive right of the maker (or successor in title) of a work to communicate a work to the public and to reproduce it. Communication to the public is making it available to the public, for example publishing a book or staging a play. Reproduction is making identical copies of a work, for example copying a work or redrawing/painting a work. For any form of communication to the public or reproduction by others, permission is therefore required from the maker, or makers where several people contributed to the work. The author effectively has control over their work.

What does copyright cover?

To have copyright, there must first of all be a work. A work of, for example, literature, science or art, think of a book, software, photo, video or logo. The work must be perceptible and identifiable. Even if the work no longer exists, it can still be protected by copyright. The work must bear the personal stamp of the maker and have its own original character. This means that the maker must not have copied the work from another work, but that it is the result of human creative effort and creative choices. An idea, style or technique is excluded from copyright protection.

When is something not protected by copyright?

Copyright arises automatically, but not on everything. If the own original character is missing, there is no protection, however much effort the making took. An idea or concept is free; only its concrete elaboration can be protected, not the idea itself. The same applies to a style or technique: you may work in someone else’s style as long as you do not take over their concrete work. Facts and data as such are also free, as is everyday or purely technically determined design that involves no creative choice. And official government publications such as laws, decisions and judgments carry no copyright under Article 11 of the Dutch Copyright Act, so that anyone may use them freely.

Are you unsure whether your work, or the very work you want to use, is protected? That question is often half the battle in a dispute. We will assess it for you. Feel free to get in touch.

What are moral rights?

Within copyright we have moral rights, which concern the reputation of the maker. This right gives the maker, among other things, the right to be credited by name, the right to act where the work is mutilated or impaired by others, and the right to oppose alteration of their work. These moral rights always remain with the original maker, even if they have licensed or assigned their copyright. The maker can, however, waive part of their moral rights. It can then be agreed contractually that the maker will not object if the work is made public without their name credit or under a name other than the maker’s. The right to oppose the mutilation or distortion of the work cannot be waived by the maker. A maker can also state in their will which person or institution acquires the moral rights after their death.

Copyright and other intellectual property rights

Copyright is one of the intellectual property rights and, in practice, often runs alongside others. Related rights protect not the maker of a work but the performance of whoever performs or exploits it: the performing musician, the actor, the record producer, the broadcaster. A song can thus carry copyright in the composition and the lyrics, and related rights in the recording.

Where copyright arises automatically, trade mark law and design law by contrast require registration. A trade mark protects the sign under which you offer your products or services; a design the appearance of a product. A logo can therefore fall under copyright as well as trade mark or design law. A technical invention, in turn, belongs to patent law. Are you unsure which right is strongest in your situation? Often a combination is the answer. We advise on trade mark law, design law and how they relate to copyright.

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