Copyright
Exclusive author rights
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Exclusive author rights
Copyright is the right that protects the authors of literary works, works of art, musical creations, scientific investigations, also architectural design of unauthorized use of their work by others. It allows the authors to remain in control of how their work should be exploited.
Authors, who write a book create a work of art and conduct a scientific investigation. Copyright gives any person who has created a work the exclusive right to decide how his work will be exploited or commercialized. At the same time Copyright protects the author against unauthorized use of his work by other individuals or organizations.
The act regulating copyright in Curaçao is referred to as “Auteursverordening” 1913, P.B. 1913, no. 3, i.e. the 1913 National Ordinance on Copyright, National Gazette 1913, No. 3. This act grants the author a copyright with a duration of up to 50 years after the author’s death, is given from the moment the creator begins to create the work. Berne convention
There are two main types of rights under copyrights. First is exploitation, which is the exclusive right of the author to publish and multiply the work in any form, also referred to as the (economic) right and the second is the moral right, which is the right of the author to be mentioned as creator of his/her work and also oppose any adaptation of the work; prohibitions to reproduce work in any form.
To obtain copyright for work, the creator is not required to apply formally via registration formalities. The Berne convention of protection of works of literature and art states that the moment the work is created, the right arises automatically. The creator has protection from the moment his or her work is exposed to others.
Registration is not a requirement to obtain copyright, however if the creator can prove that the work is his or hers, intellectual property rights grants the author the right of proceedings. The 1913 National Ordinance on Copyright gives the author the possibility of suing the violator in either criminal or civil proceedings.
Proof of date of creation of the work is the basis for proof of authenticity. The Bureau for Intellectual Property of Curaçao has therefore, created the i-Envelope as a means to prove the date of creation of your work.
Useful links on copyrights: www.wipo.int/copyright