The protection of know-how and intellectual property is becoming increasingly important in the age of globalisation and digitisation. The economic exploitation of a work often forms the basis of an author’s existence. It is very important to precisely define the contractual scope of the transfer of copyrighted works and to grant certain rights or have them granted. Therefore, it is primarily a matter of drafting contracts and securing rights.
Particularly in connection with the creation of software or websites, several special copyright features must be considered. In this case, it often comes to unwanted copyright infringements through the use of foreign source codes, images or texts. In addition, it comes regularly to conscious or unconscious infringements when using the Internet. In particular, this happens frequently through uploading and downloading films, games or music via file-sharing networks. Such file sharing is usually warned and can become very costly for data subjects.
If a warning has been received concerning a copyright infringement, action must be taken quickly. Due to urgency, short deadlines are set which are strictly to be met. Otherwise a temporary injunction may be issued. Nevertheless, it is never advisable to act hastily and, for instance to sign a prefabricated declaration of injunction. They are usually drafted comprehensively and must be amended or a warning is ineffective.
MORGENSTERN covers the following activities in the field of copyright:
- Advice and contractual drafting for protection or transfer of know-how
- Review and drafting of cooperation agreements
- Drafting of license and distribution agreements
- Examination of confidentiality agreements
- Checking websites for copyright infringements
- Examination of warned copyright infringements
- Enforcement of injunctive relief and claims for damages
- Extrajudicial and judicial representation in copyright infringement cases