Enforcing copyrights

Enforcement of copyrights is expressed through procedures to enforce, in the event of infringement, either the economic or the moral aspect of your copyright as an intellectual property right. The author or other holder of an economic copyright may choose between civil, criminal and administrative measures.

In the event of an infringement of an economic or moral copyright, the injured party may seek judicial protection of the right and compensation for the damage suffered (to the extent determined under the general rules on damages, or to an amount equal to the agreed or customary royalty or remuneration for lawful use of the kind in question).

If the copyright has been infringed intentionally or with gross negligence, the author or rightholder may also claim a civil penalty (an increase of up to 200% of the claim), regardless of whether or not the author or rightholder has suffered any pecuniary damage as a result of the infringement.

Irrespective of the recovery of pecuniary damage, and even if there is no pecuniary damage, the court may award the author just pecuniary compensation for the mental anguish suffered as a result of the violation of their moral rights.

In addition to the author’s response in the event of an infringement, enforcement also includes the collective management of certain rights, most of which are redressable, through the relevant collecting society. Given the nature of a copyright work, when designers create works as visual artists, they are entitled to a share of the private reproduction remuneration, as well as the resale right.