Wide range of activities
Whether you are an author of literary, musical, graphic, plastic or audio-visual works, a performer, a broadcaster, a producer of phonograms and films, a creator, a software developer, a database producer, a designer, etc., copyright is there to protect you.
The same applies to electronic communications services via the internet, web hosts, sharing platforms, telecoms operators, online marketplaces, online retailers, etc.
A complex legal landscape
Simont Braun helps you navigate the complex legal landscape of copyright, which is usually forced to coexist with other rights such as neighbouring rights, sui generis rights and other intellectual property rights. Right holders and operators alike must take into account competition rules, trade practices, personal data protection and consumer protection issues.
Our team assists Belgian and foreign clients in litigation as well as in the drafting of publishing contracts, assignment and licensing agreements, complex negotiations and transactions, special tax regimes for authors, the valuation of copyright as an asset in corporate and financial transactions, etc.
We advise a wide range of operators in this field, including internet service providers, art galleries, museums, publishers, music competition organisers, audio-visual service distributors, and other producers or users of protected works and creations.
The digital and cable sector
In recent years, digital players and cable operators have continued to extend their range of services. We have gained substantial experience in providing advice on the new challenges, the unanticipated potential liability, issues related to innovative aspects of copyright (e.g. direct injection, liability of ISPs for OTT distribution), as well as competition law (e.g. abuse of dominant position, abuse of economic dependence, concerted practices, must-carry rules, etc.).
Our team has also acquired significant experience in issues related to the digital world: (illegal) P2P sharing, collective protection techniques, unauthorised hyperlinks or music plagiarism.
In this respect, over many years Simont Braun has been representing cable television operators and players in the broadcasting and media sectors in landmark copyright, advertising and competition cases, including before the Court of Justice of the European Union.
More generally, our team regularly handles complex contract negotiations and mediation procedures relating to royalties.
Our lawyers are involved in design issues, where copyright remains an important protection tool. They combine this approach with an in-depth knowledge of the protection regime for registered and unregistered designs (EU and Benelux).