Copyright: term of protection and exceptions
Automatic protection
Unlike a trademark or a patent, copyright arises automatically upon the creation of a work with individual character, without any filing or registration formality (Copyright Act). The work must, however, reach a minimum threshold of originality to be protected.
The term of protection
As a general rule, copyright protects a work for 70 years from the author's death, known as the post mortem auctoris rule. Different terms may apply to certain categories of works, such as computer programs, which are subject to specific provisions of the Copyright Act.
The main exceptions
The Copyright Act provides for uses permitted without the author's consent, in particular strictly private use within a circle of closely connected persons, quotation for illustration or discussion purposes to the extent justified by the purpose pursued, and certain educational uses or uses for the benefit of people with disabilities, within the limits set by law.
Moral and economic rights
Copyright includes economic rights (reproduction, making available, adaptation of the work), which can be assigned or licensed, and moral rights (right of attribution, right to the integrity of the work), which in principle remain attached to the author personally and cannot be assigned in the same way.
Frequently asked questions
Do I need to register my work to benefit from copyright?
No, copyright arises automatically upon the creation of a work with individual character, without any filing or registration formality.
How long does copyright protection of a work last?
As a general rule 70 years from the author's death, with special rules for certain categories of works such as computer programs.
Can I quote an excerpt from a protected work without permission?
Yes, to the extent justified by the illustration or discussion purpose pursued, quotation is an exception recognised by the Copyright Act, provided the customary practices for quotation (source, reasonable extent) are respected.