The difference between author’s right and copyright

Although 'copyright' is often seen as synonymous with the term ‘author’s right’, there are some small but significant differences in meaning.

The term ‘author’s right’, most often used in mainland Europe, mainly protects the person of the author, whereas the English ‘copyright’ refers to the investment. Legal bodies (for example, NV, BVBA, VZW) can also be considered as original claimants (‘works made for hire’). This is not the case in the system of the ‘author’s right’, where essentially a transfer of rights initiated by the original author to the legal body is needed. Furthermore in ‘author’s right’, the moral rights are inalienable, whereas in ‘copyright’ nations they are nearly impossible.

Content

In Belgium, author’s right is protected by the articles of the Law of 30 June 1994 on author’s rights and neighbouring rights. The ‘author’s right’ protects the authors of literary and art works, while the ‘neighbouring rights’ protect the achievements of the performing artists (such as actors, singers, dancers, musicians) and producers of recordings, films, broadcasts and databases.

Considering the author’s right

Essentially, the author of an intellectual creation exercises exclusive and absolute ownership over it, by virtue purely of having created it. He or she however is nevertheless entitled to relinquish these rights in whole or in part, by sale, contract or legation, to another person or entity who becomes then the legal rights holder.

There are two different kinds of author’s rights

* Patrimonial rights
Patrimonial rights give the author the exclusive right to exploit his or her work commercially, or to authorise others to exploit them, in any way and within the limits established by law.
Duration of the patrimonial rights
According to the law, an artist has the right to benefit from his or her creation during his or her lifetime. Upon their death, this right is transferred to their heirs for 70 years from 1 January of the next year. At the end of this period, the work falls into the public domain.
In the case of a work created in collaboration, such as a film, the calendar year taken into account is that of the death of the last of the following collaborators: the scriptwriter or adaptor, composer (in the case of an original score) or director.
The duration of copyright in the case of a work produced under a pseudonym, anonymously, or collectively, is 70 years, starting on 1 January of the year following that of publication. For works published posthumously, the duration of copyright is 70 years, starting from the date of the work’s appearance. 

* The Author’s Moral Rights
The moral rights protect the personal and reputational value of a work to its creation. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. Moral rights are considered to be tied to the person and are therefore inalienable.

Considering the neighbouring rights

Similar to the 'author’s right', the moral rights of the performing artists are inalienable. The patrimonial rights expire 50 years after the performance, or the first publication of the performance. Professionally recognised additional artists (such as extras in a film) are not considered performing artists.

Rights of the artist over objects photographed

The objects (eg, sculptures, paintings, pieces of architecture) exhibited or preserved in museums and certain public places (parks, gardens etc) do not automatically belong to the public domain. Some are still protected by the artist’s copyright. As a result, any shots of art objects and their subsequent use are subject to the consent of the artist or his or her legal successors.

It is advisable to consult the organisations in charge of the preservation or exhibition to obtain the address of the artist, his or her heirs or the union representing them.

Contacts

• SABAM
  Belgian Authors, Composers and Publicists Union
  www.sabam.be (in Dutch and French)
  Rue d'Arlon 75-77 Aarlenstraat  l  1040 Brussels  
  Tel: +32 (0) 2 286 82 11 l Fax: +32 (0) 2 230 05 89  
  Email: info@sabam.be

• SCAM/SACD
  Cooperation of Multimedia Authors
  www.scam.be (in Dutch and French)
  Rue du Prince Royal 87 Koninklijke Prinsstraat l 1050 Brussels
  Tel: +32 (0) 2 551 03 20/21 l Fax: +32 (0) 2 551 03 25
  Email: infos@sacd-scam.be

• SOFAM
  Multimedia Society of Authors of Visual Arts
  www.sofam.be (in Dutch and French)
  Rue du Prince Royal 87 Koninklijke Prinsstraat l 1050 Brussels
  Tel: +32 (0) 2 726 98 00 l Fax: +32 (0) 2 705 34 22
  Email: info@sofam.be