Copyright – Freeo

Copyright in general

A copyright work is the result of the author’s intellectual creation, i.e. it must be the result of the author’s free creative choices and reflect the author’s personality. Copyright protects only the personal expression of the work, so it does not protect the mere idea, format, structure or arrangement.

The author has the exclusive right to decide on the use of the work he or she has created. If several people create a work together, they own the copyright jointly.

On the economic and moral rights of copyright

Under economic rights , only the author has the right to agree on the use of his work as he wishes and to receive fair and equitable remuneration for that use.

Moral rights include, among other things, that the author’s name must be given in good faith. These rights remain with the author even if he or she gives up his or her economic rights.

Related rights protect recordings such as videos or photographs. A performing artist such as a dancer, actor or musician gets protection for their own performance of a work when the performance is recorded. The producer of the recording, such as a production company, also gets a right to the recording.

However, if someone modifies an original work to create a new and independent work, their copyright does not depend on the copyright of the original work.

Copyright law protects the creative work of authors. Without copyright, anyone would be able to copy someone else's creative work without being able to prevent it.

Crediting

The proper crediting of the author is part of copyright, and it is a question of the moral rights mentioned above. The author’s name must be credited in accordance with good practice, for example when the work is publicly performed or otherwise made available to the public.

On good behaviour

Good practice can be implemented in different ways and there is no single right way, but the situation is taken into account. For example, in the performing arts it is good practice to credit authors in the script and in audiovisual productions in the end credits.

Good practice is influenced by the prevailing practice in each sector, but even if an accreditation method is the prevailing practice in the sector, it does not automatically mean that it is good practice.

Proper crediting is also important to ensure that credit for the work done goes to the right address and that, for example, photocopying allowances are paid correctly. Crediting should always be agreed in advance, if possible.

For example, not mentioning an author, a misleading way of expressing the contribution of different authors or giving credit only in limited contexts may be contrary to good practice. Giving unnecessary credit to people who did not contribute to the creation of the work may also be contrary to good practice.

Exceptions to copyright protection

However, copyright protection is not eternal or completely unlimited. If exclusive copyright were perpetual and unlimited, it would be impossible, or at least very difficult, to create something new. All new creation relies to some extent on the old, already existing.

Examples of copyright exceptions and limitations include:

Term of protection: in EU countries, the term of copyright protection is 70 years from the death of the author, or 70 years from the death of the last surviving author if the work was co-authored.
The quotation exception: the law allows for fair quotation of published works to the extent necessary for the purpose.
Parody, pastiche and caricature: a previously published work may be used in parody, caricature and pastiche.
Private copying: anyone may make a few copies of a published work for private use.

Have my copyrights been infringed?

Copyright is infringed if a work or a recording has been unlawfully modified or redistributed. Copyright infringement can also be the failure to mention the copyright information. Such copyright infringements are often colloquially referred to as plagiarism.

Copyright infringements can be investigated as actions for compensation and/or damages. Many copyright cases can also be investigated as criminal cases. In copyright cases, reparation and damages are often modest. One possible way to obtain a non-binding interpretation of a case is to request an opinion from the Copyright Council.

Typically, copyright cases involve a lot of evidence as to whether the work is a work at all and who created it. It must therefore be possible to clarify one's own creation after the event. It is therefore important to document one's own creation as accurately as possible at an early stage.

On contracts and compensation

About the agreements

Agreements on copyright and remuneration are always voluntary. If there is no copyright agreement, the rights remain with the author, i.e. they do not automatically pass to the client or employer.

A good copyright contract is not the same in all situations. There is no single set of guidelines and it is influenced by factors such as the sector in which you operate. For example, in the film and TV sector, it is common to have a broader agreement with the author on the transfer of copyright to the production company, whereas in the performing arts, for example, there is no need for such an agreement.

One of the most important tools for a freelancer creating copyrighted works is a good copyright contract. It is important for the author to agree on what copyright will (or will not) be transferred to the client or employer, and the compensation to be paid.

When agreeing on copyright, a freelancer should at least consider the following points:

What am I agreeing to and why? If your contract partner is demanding extensive rights, but there is no clear need for them, you should ask for a change to the contract.
How long is the copyright assignment valid for? The longer the assignment is valid, the higher the compensation should be.
How will I be credited? For a freelancer, getting the right credit is often more important than getting paid.
Will I get compensation I can be happy with? Read more about copyright royalties below.

On copyright royalties

Appropriate compensation must be paid to the author for the transfer of copyright. The correct amount of this remuneration is a complex issue for which there is no universal figure in euros or percentage. The guiding principle of the law is that the author is entitled to fair and equitable remuneration.

The amount of copyright and the way in which it is paid vary considerably from one sector to another. For example, copyright royalties can be paid in one of the following ways:

As part of a salary or bonus

As a separate lump sum

As a royalty based on usage

As compensation paid by the co-management organisations

Combinations of the above

All compensation schemes have different advantages and disadvantages. For example, a separate one-off payment is secure and quick compared to a royalty based on usage, but the royalty can grow larger over time.

Copyright and royalties can be agreed directly with the individual author, or the author can authorise a copyright society to grant and agree on licences.

Remuneration paid through collective management organisations refers to a situation where the remuneration is not contracted directly with the individual author, but is administered by collective management organisations on behalf of the copyright holders. Such collective management organisations include:

Kopiosto ry Kuvasto ry Vocabulary association Teosto ry Gramex Apfi Avate

Taxation of copyright royalties

Copyright royalties received by a private individual are taxable royalties for tax purposes. Copyright royalties are not adjusted when calculating the earnings-related daily allowance, but they are income comparable to capital income for the purposes of unemployment benefit and are taken into account in the means test for labour market subsidy.