Law on Intellectual and Artistic Works No. 5846 (FSEK) regulates ownership and copyright of works.
Types of Works (FSEK art. 2-6)
- Scientific and literary works
- Musical works
- Fine works of art
- Cinema works
- Computer programs
- Data bases
Copyrights
- Moral rights:Declaring the ownership of the work, stating the name, not changing the work
- Financial rights:Reproduction, dissemination, representation, sign/sound/image transfer
Ownership of the Work
- The person who created the work
- No need for registration (automatic protection)
- Addition of name is recommended (proof)
Term
- Life of the author +70 years
- 70 years from the date of publication in legal entities
- Public domain at the end of the period
Infringement Case
- Injunction (immediate suspension)
- Compensation (3) up to two times)
- Destruction of products
- Criminal liability (FSEK art. 71)
Criminal Sanction
- FSEK art.71/1: 1-5 years imprisonment
- FSEK art.71/2: 2-6 years (commercial purpose)
- Fine
Supreme Court 11. HD
11. HD accepts that in copyright infringement, proof of the "originality of the work" falls on the owner of the work, but the date of publication and place of first publication are protected.
Copyright lawyer is recommended.