Digitalisation means that it is becoming more important to have a well-thought-out strategy for protecting and managing intellectual property rights and the need to protect works against infringement is also increasing. Lindahl’s experts offer high-quality advice on all matters relating to copyright.
Lindahl has considerable experience of assisting clients in all areas of copyright law and helps small, medium-sized and larger companies in a number of different industries. We are available for all copyright matters that may arise, whether in connection with the development of new concepts and products, during licensing or in the event of any dispute. Our lawyers closely follow the latest legal developments and help to design specific strategies that are fully tailored to the client’s current requirements and business.
What is copyright?
Copyright protects artistic creation and governs the rights of originators. It may be a question of a work of art, music, film or literature or things such as computer programs or the designs of furniture, clothes and other applied art – functional objects that are used in everyday life and that may not perhaps always be associated with copyright.
If what is to be protected by copyright is original enough, the protection automatically arises at the moment of creation. Copyright grants the creator of a work a sole right to dispose of the work. Under the right conditions, the protection applies during the originator’s entire lifetime and for a further 70 years after his or her death.
The opportunities and challenges of copyright
One of the advantages of copyright is that, as an originator, you never need to apply for the protection. Copyright can therefore be a significant asset in the absence of other registered protection. The disadvantage is that you don’t know whether or not the protection applies until a court has decided on the matter. The question of whether a work is subject to copyright can therefore be a complex question, but our experts in the field can provide qualified guidance thanks to their extensive experience acquired over a long period.
Copyright has become more complex and difficult to manage as digitalisation has progressed. An infringement can occur simultaneously in a large number of places and on a large scale, sometimes without the originator being made aware of it. The import pressures of recent years, particularly from e-commerce platforms, affect originators’ ability to assert their rights and detect infringements. It is therefore more important than ever to have a well thought-out strategy for dealing with these matters. Works and products may possess high commercial value and infringements of the same can therefore have significant economic consequences.
Frequently asked questions
I believe that a competitor has created a product that is too similar to mine. How do I know if my product is protected by copyright?
In order for the protection to apply, it is necessary for the work to achieve a certain level of originality, individuality and distinctiveness. There are many works that can be protected, but for most works it is difficult to give a definite answer in advance. It depends on the specific situation, how the product came about and whether the product in question differs from what was created previously. You are welcome to contact Lindahl’s experts and we will help you.
When designing a product, what should I consider in order to reduce the risk of committing an infringement?
It is difficult to give a general answer, but our recommendation is to always take copyright matters into consideration well in advance of a launch since they can otherwise pose great financial risks. You are welcome to contact Lindahl’s experts for guidance and they will give you high-quality advice on matters relating to copyright.