How can I find out if a specific work is protected by copyright?
October 22, 2022 | 40,00 EUR | answered by Chloé Tressel
Dear Copyright Lawyer,
My name is Katja Weber and I have a question regarding copyright law. In my work as a graphic designer, I regularly use images and texts from other artists and authors to create my projects. Now I am concerned that I may have used copyrighted works without having the appropriate rights to do so.
I would like to find out if the images and texts I use in my projects are protected by copyright. I am unsure of how to check this and what consequences I could face if I have indeed violated copyright law.
Could you please explain to me how I can best determine if a specific work is copyrighted? Are there specific online databases or other tools that can assist me with this? And what should I do if I discover that I have indeed violated copyright law?
I thank you in advance for your assistance and look forward to your response.
Sincerely,
Katja Weber
Dear Mrs. Weber,
Thank you for your inquiry regarding copyright and your concern about possibly using copyrighted works without the appropriate rights. It is important to ensure compliance with copyright laws to avoid legal consequences.
There are various ways to determine if a particular work is copyrighted. One simple method is to check works on official websites of copyright offices or collecting societies. For example, in Germany, the German Patent and Trademark Office (DPMA) is responsible for registering copyrighted works. You can search for information on specific works in the public database.
Additionally, you can also refer to specialized online databases that contain information about copyrighted works. A well-known database is the "Creative Commons" database, where artists and authors make their works available under various licensing models.
If you find that you have indeed infringed on copyright, it is important to take immediate action. You should primarily contact the creator of the work and request permission for use. In many cases, an agreement can be reached by paying a reasonable licensing fee or removing the work from your project.
If the creator is unreachable or an agreement cannot be reached, it is advisable to seek legal assistance. A copyright attorney can assist you in such situations and inform you about your rights and obligations.
I hope this information helps you and that you can ensure in the future that you only use copyrighted works with the appropriate rights. If you have any further questions, please feel free to contact me.
Best regards,
Chloé Tressel
Copyright Attorney
