Copyright training 26/10/21

Automatic right, not even publication is necessary but the work has to be original, no quality
considerations

Use COMM template contract

Moral rights are not transferable but can be waived (even partially)

 Disclosure,
 authorship and
 integrity

Economic rights

Transfer: assignment – expensive, full rights

licence: (we acquire non—exclusive)

 Reproduction
 Right of communication to the public
 Distribution
 Rental
 Lending
 Release

70 years – from first publication if the author has legal personality

Last author, arrangements and translations are new original works

Hereditary

Limitations:

 Right of quotation: only compulsory under the Berne Convention: used as an illustration in
your own work
 News for journalists in the framework of current news
 Reproduction by a private person for own purposes (fair compensation)
 Education and scientific research
 Legislative, administrative and legal texts
 Exceptions for people with disabilities – Marrakesh Treaty
 Works displayed in public places (freedom of panorama, contractual obligations can override
the freedom – Berlaymont (OP and Council also) architects have to be mentioned always)

2001/29 (EC) Directive plus national legislation

Creative Commons

Europa is under CC

Built on copyright law going towards some rights allowed

A contract pre-informing about the free rights, well-known, machine readable, international

Icons
Do not cover image rights

Commission reuse

Commission Decision 2011/833 (EU) 12 December 2011

Based on Directive 2003/98/EC

Modified by Directive 2013/37/EU,

repeals 2006/291/EC, Euratom decision

EC BY

CoA goes in this direction

Re-used, not reproduced, even for commercial purposes

This means the third party elements included should also be freely usable – or exclude from the free
use policy

Conditions for re-use: acknowledge source, do not distort the original meaning and non-liability of
the Commission

Not about access to documents

EU Copyright notice

EU, year

Reproduction, reuse – acknowledged

For … permission directly from the copyright holder(s)

… prohibited

Rasto: No formal decision, DIGIT automatically applies

CSDP missions are not EEAS – limited legal capacity

ESDC? – not completely clear that they have legal personality

Contract

List uses (tested in Belgium)

Pre-existing rights (choose full or with exceptions)

Check copyright notices of used materials

Always mention source

The platform is not the owner, only the source

Final product may have to be licenced by the licence of the component

Social networks: may have no right to sub-licence