Support in the new GDPR General Data Protection Regulation

On May 25th, the GDPR (General Data Protection Regulation) came into force in the European Union. This regulation may be consulted on the official European Union website at https://ec.europa.eu or by clicking the following link.

Our company Gastão Cunha Ferreira is a Lisbon based organization, recognized by providing support in all matters related to Intellectual Property to our clients and partners in different jurisdictions.

We have more than 80 years of professional experience in counseling on these matters, both in Portugal and in the territory of the European Union.

We will be happy to support your activity in turning your organization compliant with the new GDPR Regulation. Contact us through the email [email protected] or by telephone at 00 351 21 882 3990 for more information.

To value Intellectual Capital

Copyright

Gastão Cunha Ferreira helps to define strategies to protect your creative works, complemented with industrial property rights such as trademarks, patents and designs, be it through contractual means or through the use of creative work registrations. 

Copyright

Copyright protects intellectual creations, literary and artistic works, such as musical compositions, books, thesis, paintings, graphical design, websites, slogans, photography among many others, as well as technological creations such as software and databases.

The author has the exclusive right to use the work created. This protection exists from the moment in which the work is exteriorized and is extinguished 70 years after the death of its intellectual creator. 

The protection is not dependent on any registration. However, its registration is advisable as a means for establishing a priority date to the creation of the work (in other words, to know "who is copying whom").

Neighbouring Rights

On the other hand, Neighbouring Rights protect the benefits of the artists as interpreters or performers. The artists can be singers, musicians, dancers, actors. They also protect the benefits of the phonogram producers (CD's, vinils, cassettes) and videograms (audiovisuals) and the benefits of the broadcasting organizations.

The artists benefit from the right of controling and preventing the use of its interpretations or plays (e.g.: authorize the filming of a choreography or to retransmit the play in a network cable TV). The protection is extinguished 50 years after the interpretation or play or first broadcast.

A single work may involve protection by Copyright and by Neighbouring Rights, that may belong to same intellectual creator. For instances, if the singer of a certain song has also been the composer and author of the lyrics.

  Copyright Neighbouring Rights
Type of innovation that it protects Artistic and intellectual creations, including technological creations Performances of the artists or performers, of the producers of phonograms and videograms and of the broadcasting organizations
Cares to have Originality; Registration as proof of creation Inscription in a collective management organization
Competitive advantages Exclusive rights; Market competitivity The ability to control and prevent third party exhibitions, plays or performances
Duration 70 years after the death of the author 50 years after the performance or first broadcast
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