Lawyer Copyright | Legal protection for your creative work

Specialized legal advice for copyright in Belgium

Are you looking for an experienced copyright lawyer in Belgium? As a recognized specialist with more than 20 years of experience, Mr. Joris Deene and the team at Everest Lawyers provide expert legal assistance for all copyright protection issues. Whether you are an artist, photographer, writer, software developer, musician or company seeking to protect intellectual creations - we take care of your copyright interests.

In copyright conflicts or infringements, prompt and expert legal advice is essential. Our specialized copyright lawyers combine in-depth legal knowledge with practical experience in numerous copyright cases before Belgian and European courts.

Contact us today for a personal appointment by calling +32 (0)9 334 94 70 or joris.deene@everest-law.be

What is copyright and when do you have protection?

The copyright protects original works of literature, science and art without the need for registration. This protection arises automatically from the moment of creation, provided your work:

• An original creation is (the author's "own intellectual creation")
• Expressed in a concrete form

Copyright gives you, the creator, exclusive rights to:

1. Property Rights (economic rights) to exercise:
   • The right of reproduction (making copies or having copies made)
   • The right to communicate to the public (publish, broadcast, post online)
   • The right to distribute (sell or rent copies)
   • The right to edit (translations, adaptations)
2. Moral rights protect:
   • Divulgation rights (deciding when your work will be made public)
   • Paternity law (right to name or anonymity)
   • Integrity law (objecting to changes or mutilations)

Copyright protection applies in Belgium until 70 years after the author's death, after which the work enters the public domain.

Our legal services as copyright attorneys

1. Advice and Prevention

As a specialized intellectual property lawyer we help you proactively improve your intellectual property protect:

• Legal advice On the protectability of your creative works
• Drafting of contracts To secure your copyrights:
  • License Agreements
  • Transfer contracts
  • Cooperation agreements
  • Publishing Contracts
  • Distribution agreements
  • Software licensing
  • General conditions
• Guidance For registrations and filing (i-DEPOT, etc.)
• Strategic advice On intellectual property and business strategy
• Due diligence In acquisitions and collaborations
• Preventive advice to prevent violations

2. Protection for Breaches

Is your copyright being violated? Our copyright lawyers offer effective assistance:

• Drafting notices of default and send
• Negotiations with infringers
• Mediation and alternative dispute resolution
• Judicial proceedings Before Belgian and European courts
• Customs procedures counterfeiting
• Seizure procedures before taking of evidence in cases of violations
• Claiming damages after copyright infringement

We also advise if you yourself are accused of copyright infringement and can investigate whether your use falls under any of the legal exceptions to copyright law falls, such as the right to quote, use for teaching and research, private use, or parody.

3. Specialist services for specific sectors

As copyright attorneys, we offer specialized services for a variety of industries:

Visual Arts and Photography

• Protection of works of art and photographic works
• Advice on exhibition and reproduction rights
• Assistance with violations due to unauthorized use

Music and Performing Arts

• Contracts with record companies and publishers
• Licenses for use of music
• Protection of performance rights

Literature and Publishing

• Publishing contracts and royalty agreements
• Protection against unauthorized translations
• E-book rights and digital exploitation

Software and Games

• Source code protection and user interfaces
• Licenses for use and distribution
• Open source issues

Audiovisual Works

• Film production contracts
• Streaming and distribution rights
• Assistance against illegal downloading

Architecture and Design

• Protection of designs and technical drawings
• Construction contracts with intellectual property clauses
• Enforcement for unauthorized copies of designs

Tax Optimization of Copyrights

As a specialized copyright lawyer, we advise on the tax-advantaged regime for copyright fees in Belgium. For authors and creative professionals, this offers specific advantages:

• Reduced tax burden due to favorable copyright tax regime
• Flat-rate expense deduction (up to 50% on the first bracket)
• Withholding tax of only 15% (discharging)

Our lawyers have extensive experience in drafting watertight contracts that meet the increasingly stringent conditions of tax administration, so that you can take maximum and safe advantage of this regime. We can advise you whether your creative works possess sufficient originality to qualify for this tax treatment.

Recent developments in copyright law

As a leading copyright lawyer, we stay abreast of all legal developments:

• New European legislation:
  • Transposition of the DSM directive into Belgian law.
  • New exception For text and data mining
  • Liability of online platforms
• Current Topics:
  • Copyright and artificial intelligence
  • AI-generated works and protection
  • NFTs and copyright
  • Changed rules for online content sharing
  • New interpretation of lending law

Recent copyright cases by our firm

Our law firm has built an excellent reputation in copyright cases. Some recent successful cases:

1. Case for software developer - Successful action against unauthorized use of source code by competitor, resulting in substantial damages and cessation of infringement.
2. Assistance to architectural firm - Effective protection of architectural designs from imitation, recognizing the original character of the plans despite functional limitations.
3. Case for photographer - Copyright enforcement against large-scale unauthorized use of photo portfolio by commercial websites, resulting in quick amicable settlement.
4. Advice to publisher - Drafting author contracts for international publications, including digital exploitation rights and translations.
5. Assistance to game developer - Protection of character designs and game concepts from infringement, with successful cross-border enforcement.

Why choose our copyright expertise?

When you choose Mr. Joris Deene and the team at Everest Lawyers, you choose:

• Specialized expertise - More than 20 years of experience in intellectual property rights
• Academic recognition - Mr. Joris Deene is a guest lecturer in copyright law at the University of Ghent
• Publications and knowledge sharing - Dozens of publications in leading legal journals
• Official recognition - Member of the Intellectual Property Council advising the Minister of Economy
• International expertise - Experience with cross-border copyright issues
• Practical approach - Pragmatic solutions to complex legal problems
• Personal approach - Direct contact with your specialized lawyer

Frequently asked questions about copyright

Is registration required for copyright protection?

No, in Belgium copyright arises automatically upon creation. Registration is not mandatory, but can be useful as evidence (e.g., via i-DEPOT at the Benelux Office for Intellectual Property).

What is the difference between copyright and copyright?

Copyright is the Belgian/European term, copyright is the Anglo-Saxon term. They largely protect the same rights, but there are legal differences in scope and duration of protection.

How long does copyright protection last in Belgium?

70 years after the death of the author. For works by co-authors, 70 years after the death of the longest living author applies.

Can I transfer copyright?

Yes, property rights can be transferred by written contract. Moral rights always remain with the author, but you can waive their exercise.

What to do in case of copyright infringement?

Contact a specialized copyright lawyer immediately. We can help with a formal notice, negotiation or legal proceedings.

Are ideas protected by copyright?

No, only the concrete elaboration of ideas gets protection, not the idea itself.

What about works made by employees?

In Belgium, copyrights initially belong to the employee, but can be transferred to the employer through the employment contract. Specific rules apply to computer programs.

May I use images from the Internet?

No, photos and images on the Internet are usually copyrighted. Permission of the rights holder is required, unless the photographs would be non-original or a copyright exception applies.

Are AI-generated works protected by copyright?

Belgian law requires a human author. Pure AI creations without human creative input in principle do not enjoy copyright protection. In case human intervention is present, there could possibly be protection.

Contacting our copyright lawyer

With our expertise as copyright attorneys, we protect your intellectual property so you can focus on what you do best: create.