How do I protect my copyright in Cyprus?
How do I protect my copyright in Cyprus?
What is copyright.
Copyright is a legal and intellectual property right that safeguards original works of authorship expressed in a tangible form. This right empowers creators to control how their work is used and distributed. The scope of protected works is extensive and diverse, encompassing scientific works, literary works (including computer programs), musical compositions, artistic works (like photographs), films, databases, and phonograms. Press publications and performances by artists can also be covered under related rights.
What are the criteria for copyright protection?
To be eligible for copyright protection, a work must meet the criterion of originality, meaning it must be the intellectual creation of its author, reflecting their free and creative choices (Case C-145/10 Eva-Maria Painer, Case C-5/08 Infopaq International A/S). Additionally, copyright protection is only granted to works that can be identified with sufficient precision and objectivity (Case C-310/17 Levola Hengelo).
Duration and Infringement
The duration of copyright protection varies depending on the type of work and whether it is published or unpublished. In the European Union, as a general rule, copyright protection for published works lasts up to 70 years after the author’s death.
To establish infringement, a substantial part of the expressive elements of the work must be copied, rather than just the idea behind it.
For infringement to be proven, two key conditions must be met: firstly, there must be a causal link between the two works, with the copyright work or a substantial part of it serving as the source for the infringing work. Secondly, there must be an objective similarity between the infringing work and the copyright work.
Infringement occurs when the defendant has reproduced the entire copyright work or a significant portion of it (considered “substantial”). Importantly, due to the principle of “reciprocal protection,” copyright infringement claims can be made even if you operate outside the jurisdiction of Cyprus and the European Union.
Is Copyright Registerable in Cyprus?
Copyright protection differs from other forms of intellectual property as it is an automatic right and does not require registration. Therefore, no fees need to be paid or forms completed. Copyright comes into existence the moment a work is created. However, it is advisable to mark your work with the copyright symbol, your name, and the date of creation for evidentiary purposes.
Do you need more info?
For more information on Copyright drop us an email here!
Chrystalla Psyllou – Advocate
