Notos brochure

Copyright

 
Copyright is the mother of all intellectual property rights and is of outstanding economic importance not only in the IT and software sector (software, data-bases, multimedia creations, games) but also in the culture sector (books, photography, radio, films and television, theatre, variety, galleries) as well as in the design and advertising sector.

Copyright gives to the creator of the particular work - without application and registration being necessary - a lifelong, legal monopoly to the work. This enables him - within the framework of the statutory exceptions under copyright law - to forbid each and every third party use of his work or - against payment of a licence fee - to permit use of the work. Following the death of the creator, the monopoly position passes to his heirs for a further 70 years.

Accordingly clear, future-proof rights-of-use clauses which are appropriate for the contractual purposes and the corresponding regulations on remuneration in licence contracts, work contracts, software preparation contracts, publishing house contracts and contracts for services etc. represent for the company using the creation as well as also for the licence-issuing creator an existential or at the least an essential must-have. Within the framework ofMergers & Acquisitions it is not unusual for utilization situations which have not been clearly formulated to be destroyers of capital or even deal-breakers.

Copyright adversary proceedingspossess numerous special features not only in interim legal protection situations but also in main proceedings, whereby these features should be placed in the hands of specialist attorneys.

Amongst other things our services for you include

  • In-court and out-of-court assertion/defence of claims under copyright law of forbearance, elimination, information and damages on the grounds of analog or digital infringements of the law
  • Securing and establishing of an appropriate licence remuneration agreement vis à vis contract partners
  • Checking and negotiating of use and licence contracts with national and international contract partners
  • Securing of rights (priority negotiations + escrow)
  • Expert opinions on copyright questions of every type
  • Copyright Due Diligence
  • Licence management and copyright compliance

Selection of our work in the field of copyright law:

Client / sector

Activity

Manufacturer of software for vehicle fleet management

Infringement process on the defence side due to open source components in proprietary software

Power supplier

Adversary proceedings in respect of distribution and processing rights on individual software that had been commissioned and handed over

IT-offerer of a web application for printing of prospectuses

Notices of distringas against former employees on the grounds of taking away of source code

IT-Anbieter einer Web-Applikation für Prospektdruck

Unterlassungsverfügungen gegen ehemalige Mitarbeiter wegen Mitnahme des Source Codes

Electronics manufacturer following termination of a research and development co-operation

Warding off of an injunction suit on the grounds of the existence of the usufructuary rights to software as granted

Numerous photographers

Establishment of injunctive relief and damage claims in respect of licences

Numerous graphic artists

Establishment of injunctive relief and claims for damages

Theatre publishing house

Licence terms and stage performance contracts

Numerous insolvency administrators

In respect of intrinsic value and opportunities for use of usufruct rights in the insolvency

Theatre business

In respect of licensing for an American children's television programme

Agency and Internet platform for stock photography

Drafting of licence terms vis à vis photographers providing photos and users of photos

Internet portal for gossip and tittle-tattle

Vis à vis press agency

Publishing house for maps

Drafting of contracts with digitalization service provider

Numerous users

File sharing

Printed from: http://www.notos.de/en/spezialisierung/urheberrecht .
© 2017.

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