The existence of copyright is purely a matter of fact. It's not enough to just have the idea, you must also have expressed it.
The wealth and power of a person have long been evaluated based on their tangible assets. Is this notion still relevant?
A construction company entrusted a specialist with the creation and production of its advertising materials for several years. Their relationship deteriorates when the entrepreneur, after copying the latest works designed and produced by the designer, refuses to pay for them. The designer turns to the Superior Court* in order to have his status as the author of a work protected by the Copyright Act recognized and sanctioned. The judge rightly writes that the issues concerning the existence of copyright are interpreted in accordance with the Copyright Act and are independent of civil law.
Although the law does not define the term author, case law and doctrine teach that it is assessed based on "the degree of work, talent, and judgment on the part of the person claiming to be the author." It is purely a question of fact. It is not enough to have the idea; it must also be expressed. The work protected by the law recognizes the compilation of products by other people as long as the organization of the elements drawn from these various sources is the product of the author's imagination, choice, and work.
The judge concludes that the designer has indeed materialized and finalized his ideas discussed in the meeting, and that he has also compiled with sufficient originality other works entitling him to the protection provided by the law.
Keep in mind to obtain a copyright assignment from anyone who should provide you with a work protected by the Copyright Act, your wealth and power will only benefit from it.
*C.S. 500-05-000511-953, 1998-09-15
