INTERNATIONAL COPYRIGHT LAW SURVEY*

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This survey was meant to highlight the differences in national copyright laws across the world. Even in the age when most countries are covered by international copyright treaties and when copyright laws become more uniform, there are still no two countries whose copyright legislation is identical. I also use it to demonstrate the importance of the worldwide enforceability checkup of your licenses and assignment agreements.

So far, the best copyright lawyers from 47 countries have submitted their responses to the survey. If you are an experienced copyright lawyer in a jurisdiction that is not covered by this survey, please do not hesitate to contact me, indicating your desire to participate, the country you are from and your experience with copyright matters.

You may click on up to 5 country names below to highlight them in the survey, which makes it a great tool for country-to-country comparison, or click here to remove the highlights.

Albania Argentina Armenia Australia Austria Belgium Bosnia and Herzegovina Brazil Bulgaria Canada China Croatia Denmark Dominican Republic Egypt Finland Georgia Germany Hungary India Ireland Israel Italy Japan Kazakhstan Kenya Kosovo Lithuania Luxembourg Macedonia Mexico Montenegro Netherlands New Zealand Nigeria Norway Poland Russia Saudi Arabia Serbia Slovakia Slovenia South Africa Switzerland Ukraine United Kingdom United States

Economic Rights

Does your national copyright law protect expressions of ideas if these ideas can only be expressed in one or a very limited number of ways (doctrine of merger of ideas and expression)? YES, as long as an idea is expressed and is original, it can be protected Armenia, Brazil, Croatia, Dominican Republic, India, Kazakhstan, Lithuania, Luxembourg, Mexico, Netherlands, New Zealand, Nigeria, Poland, Russia, South Africa, Switzerland, United Kingdom
NO, this would amount to extending protection to ideas Albania, Argentina, Australia, Austria, Bosnia and Herzegovina, Bulgaria, Canada, China, Denmark, Egypt, Georgia, Germany, Hungary, Ireland, Israel, Italy, Japan, Kosovo, Macedonia, Montenegro, Norway, Saudi Arabia, Serbia, Slovakia, Slovenia, Ukraine, United States
What is the general scheme of exceptions from copyright protection? One general doctrine without specific categories (fair use) Brazil, United States
Specific categories operating under an umbrella of a general doctrine (fair dealing) Armenia, Australia, Canada, China, Georgia, India, Ireland, Israel, Japan, New Zealand, Nigeria, Saudi Arabia, Serbia, Slovenia, United Kingdom
Strict specific categories. If the unauthorized use does not strictly fall under one of them, it is an infringement Albania, Argentina, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Denmark, Dominican Republic, Egypt, Finland, Germany, Hungary, Italy, Kazakhstan, Kosovo, Lithuania, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Norway, Poland, Russia, Slovakia, South Africa, Switzerland, Ukraine
Do licensing agreements need to be in writing to be valid? YES, the licensee has no right to use works unless it the license is in writing Albania, Armenia, Bosnia and Herzegovina, Canada, Croatia, Dominican Republic, Egypt, Georgia, Hungary, India, Kazakhstan, Kosovo, Macedonia, Mexico, Montenegro, Nigeria, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, South Africa, Ukraine, United States
NO, it is only a matter of evidence Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, China, Denmark, Finland, Germany, Ireland, Israel, Italy, Japan, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Switzerland, United Kingdom
Can a license be granted with respect to unspecified works that may be created in the future? YES, it is possible to license all future works China, Finland, India, Ireland, Israel, Japan, Kenya, Luxembourg, Netherlands, New Zealand, Nigeria, South Africa, United Kingdom
NO, the works must be sufficiently described for the license to take effect Albania, Argentina, Armenia, Austria, Belgium, Brazil, Canada, Croatia, Denmark, Georgia, Germany, Hungary, Italy, Kazakhstan, Kosovo, Lithuania, Macedonia, Mexico, Montenegro, Norway, Poland, Russia, Serbia, Slovakia, Slovenia, Switzerland, Ukraine, United States
NO, unless the work already exists, it cannot be licensed Australia, Bosnia and Herzegovina, Bulgaria, Egypt, Saudi Arabia
Can a license be granted with respect to ALL works (without a specific list of these works)? YES, in this case all works in which licensor owns copyright will be licensed to the licensee Austria, China, Finland, Germany, India, Ireland, Israel, Japan, Kenya, Mexico, Netherlands, New Zealand, Nigeria, United Kingdom
NO, the works must be sufficiently described for the license to take effect Albania, Argentina, Armenia, Australia, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Croatia, Denmark, Dominican Republic, Egypt, Georgia, Hungary, Italy, Kazakhstan, Kosovo, Lithuania, Luxembourg, Macedonia, Montenegro, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, South Africa, Switzerland, Ukraine, United States
Does the law recognize the difference between an ‘exclusive’ and a ‘sole’ license, or must the terms be specifically explained in the agreement? YES, there are two separate terms, and they are clearly understood by the courts Armenia, Bosnia and Herzegovina, Canada, Georgia, Germany, Macedonia, Mexico, Poland, Serbia, Slovenia, Switzerland, United Kingdom
NO, the license should clearly state whether the licensor retains the right to use the work Albania, Argentina, Austria, Belgium, Brazil, Bulgaria, China, Croatia, Denmark, Dominican Republic, Egypt, Finland, Hungary, India, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kosovo, Lithuania, Luxembourg, Montenegro, Netherlands, New Zealand, Nigeria, Norway, Russia, Saudi Arabia, Slovakia, South Africa, Ukraine, United States
If the term of the license is not indicated, what does it default to? There is not any statutory term by default, but the law provides the right to the parties to withdraw the license contract in case the term is not indicated. In such situation, the withdrawal would be regarded as taken on reasonable grounds, which implies that the party that withdraws the contract will not be obliged to pay damage indemnification to the other party. However, the former party shall notify in advance the latter party of the withdrawal. Albania
There is not a statutory term by default Argentina
The term of the license will be considered 5 years. Armenia
it would depend on the contract and circumstances Australia
unlimited, unless the project indicates that a shorter license grant was intended Austria
Term customary for the transfer of right of exploitation of the works of a specific category Bosnia and Herzegovina
3 years is the general rule; 5 years - for works of architecture only Bulgaria
general license China
That depends on the circumstances. However, in general it is assumed that agreements including license agreements not indicating a term may be terminated with a reasonable notice. What a "reasonable notice" will amount to depends on the specific natu Denmark
It´s has to setup a term, this is a requisite for a valid contract Dominican Republic
The license agreement shall be null and void since mentioning the term of the license is a condition to conclude the agreement. Egypt
This will be determined base on interpretation of the parties' intent. Finland
License will be valid during 3 years Georgia
unlimited yet under the laws of Germany an unlimited contract can generally be terminated Germany
It depends on the circumstances of the case, the aim of the license and other relevant rules of the license agreement. Generally, the terms should be interpreted in a way that is favourable for the licensor (author). Hungary
5 years from date of license India
The term will be implied from dealings between the parties. Ireland
There is no default term. Each party may cancel subject to a reasonable notice. Israel
The license would be unlimited but each party would be entitled to terminate the agreement at any time with reasonable notice Italy
There is no provision for the term and default. Japan
1 year Kazakhstan
Three (3) years Kenya
Non-exclusive license. Kosovo
If a license does not specify the time limits of transfer or granting of the economic rights, a party to the agreement may terminate the license by informing in writing the other party of the termination thereof one year in advance Lithuania
The term would be indefinite and both parties may then terminate the agreement subject to a reasonable prior notice. Luxembourg
5 years Mexico
The maximum duration of license is duration of copyright itself. However, if the term is not indicated, the agreement can be contested before the court. Montenegro
indefinite Netherlands
in perpituity New Zealand
in perpetuity Nigeria
That depends on the circumstances. In general it is assumed that each party may cancel subject to reasonable notice Norway
5 years Poland
5 years Russia
The lifetime of the copyright itself. Saudi Arabia
Duration of copyright, but that can be contestated before the court. Serbia
The term of the license must be indicated, otherwise the license is null and void. Slovakia
The term of the agreement is deemed to be valid for an indefenite period Slovenia
Probably perpetual, although a licence will cease to have meaningful effect after expiry of the term of the copyright concerned. South Africa
The license agreement can be invalidated. Ukraine
Absent evidence to the contrary, courts generally construe license as effective for the duration of the then-existing copyright term of the work. United States
Can a license be granted for free? YES, as long as the agreement is voluntary Albania, Argentina, Australia, Austria, Belgium, Brazil, Canada, China, Denmark, Dominican Republic, Finland, Georgia, Germany, Hungary, Ireland, Israel, Italy, Japan, Kenya, Lithuania, Netherlands, New Zealand, Nigeria, Norway, Poland, Saudi Arabia, Slovakia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom, United States
NO, there must be some remuneration Bosnia and Herzegovina, Bulgaria, Croatia, India, Kosovo, Macedonia, Mexico, Montenegro, Serbia
NO, there are set statutory minimums for various types of uses Armenia, Kazakhstan, Russia
If license is for a flat fee, is there a requirement that the number of copies to be reproduced be limited? YES, if remuneration is not based on amount of copies sold, then the number of copies must be limited Serbia
NO, parties are free to agree on consideration Albania, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Croatia, Denmark, Dominican Republic, Egypt, Finland, Georgia, Germany, Hungary, India, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kosovo, Lithuania, Luxembourg, Macedonia, Montenegro, Netherlands, New Zealand, Nigeria, Norway, Poland, Russia, Saudi Arabia, Slovakia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom, United States
If there is a requirement that a consideration be given for the license, and the license is granted as part of a more complex agreement, does the consideration for the license have to be separated from consideration under the rest of the agreement? (for example, painter agrees to sell the original painting and grant a license to use it, does the price of the painting itself need to be separated from the price of the license?) YES, otherwise it is impossible to say whether consideration is given for the license Albania, Armenia, Bosnia and Herzegovina, Italy, Kazakhstan, Macedonia, Russia, Slovakia, Slovenia
NO, as long as there is some consideration under the complex agreement, the requirement is met Argentina, Austria, Brazil, Bulgaria, China, Denmark, Dominican Republic, Egypt, Georgia, Germany, Hungary, India, Ireland, Israel, Japan, Kenya, Kosovo, Lithuania, Luxembourg, Mexico, Montenegro, Netherlands, New Zealand, Nigeria, Norway, Poland, Serbia, Switzerland, Ukraine, United Kingdom, United States
Can economic rights in a work be assigned (in full or in part)? YES, assignment is possible Albania, Argentina, Armenia, Australia, Austria, Bosnia and Herzegovina, Brazil, Canada, China, Denmark, Egypt, Finland, Georgia, Germany, Hungary, India, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kosovo, Lithuania, Luxembourg, Macedonia, Mexico, Netherlands, New Zealand, Nigeria, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom, United States
NO, copyright can only be transferred through a license Bulgaria, Dominican Republic, Slovakia
Can economic rights in a work be PARTIALLY assigned? YES, partial assignment is possible Albania, Argentina, Armenia, Australia, Austria, Bosnia and Herzegovina, Brazil, Canada, China, Denmark, Dominican Republic, Egypt, Finland, Georgia, Germany, Hungary, India, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kosovo, Lithuania, Luxembourg, Macedonia, Mexico, Netherlands, New Zealand, Nigeria, Norway, Poland, Saudi Arabia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom, United States
NO, it is only possible to assign the whole bundle of rights, or none at all Russia, Serbia, Slovakia
Do assisngment agreements need to be in writing to be valid? YES, the assignee has no right to use works unless it the assignment is in writing Albania, Armenia, Australia, Bosnia and Herzegovina, Canada, China, Dominican Republic, Egypt, Georgia, Hungary, India, Ireland, Israel, Kazakhstan, Kenya, Kosovo, Macedonia, Mexico, Netherlands, New Zealand, Nigeria, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom, United States
NO, it is only a matter of evidence Argentina, Austria, Brazil, Denmark, Finland, Germany, Italy, Japan, Lithuania, Norway
Do assignments of works registered with a copyright office also need to be registered to be valid? YES, while registration is voluntary, if the work is registered, assignments must be recorded as well Albania, Egypt, India, Kazakhstan, Mexico, Nigeria, Russia, Serbia, South Africa
NO, it is up to the parties Argentina, Armenia, Australia, Austria, Bosnia and Herzegovina, Brazil, Canada, China, Denmark, Dominican Republic, Georgia, Germany, Hungary, Ireland, Israel, Italy, Japan, Kosovo, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Saudi Arabia, Slovakia, Slovenia, Switzerland, Ukraine, United States
Does copyright in works specially ordered or commissioned OUTSIDE the scope of a formal employment relationship automatically vest in the client, if the agreement does not mention it? (works for hire) YES, the client owns the rights to the commissioned work even if parties are not in a formal employment relationship Dominican Republic, Egypt, Georgia, Italy, Kenya, Mexico, Saudi Arabia, South Africa, Switzerland
NO, unless the author is formally employed, the client only receives a non-exclusive license to use the commissioned work Australia, Canada, China, Ireland, Israel, Netherlands, Nigeria, Serbia, Slovenia, Ukraine, United States
NO, unless the author is formally employed, the client has no right to use the commissioned work Albania, Argentina, Armenia, Austria, Brazil, Denmark, Germany, Hungary, Japan, Kazakhstan, Lithuania, Montenegro, Norway, Poland, Russia, Slovakia
Status of unauthorized derivative works (assuming that authorization is required to create them): Protected by copyright but cannot be used unless the author of the underlying work agrees Armenia, Australia, Austria, Canada, China, Denmark, Dominican Republic, Finland, Germany, Hungary, Ireland, Italy, Kazakhstan, Kenya, Lithuania, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Poland, Russia, Saudi Arabia, Serbia, South Africa, Switzerland
Not protected by copyright at all: infringing works are not subject to copyright protection Argentina, Georgia, New Zealand, Nigeria, Ukraine, United Kingdom, United States
Protected by copyright and can be used subject to monetary remedies the author of underlying work may have against the owner of the derivative work Albania, Brazil, Bulgaria, Israel, Japan, Kosovo, Montenegro, Slovakia, Slovenia
Any other particularities of your national copyright laws relating to economic rights that you would like to share? Any economic right which is not specifically assigned to the assignee remains in the author's sphere of rights. Argentina
In re to qu re licensing and copyright in Australia, please note there are 3 categories of licenses and that a yes or no answer does not cover the way Australian copyright law operates. Additionally assignment & licensing are treated differently.

Exclusive licence

For the purposes of copyright, an “exclusive licence” is a licence which is in writing and signed by the copyright owner. Under an exclusive licence, the licensee is the only person who can use the work in the way or ways covered by the licence. It is common, for example, in book publishing agreements for a writer to grant the publisher an exclusive licence to print and publish the writer’s novel. The writer is not entitled to license another publisher to publish the same book during the period of the licence. An exclusive licensee has similar rights to the owner of copyright, and may take legal action for infringement by third parties. In the example above, if copyright in the novel is infringed, both the publisher and the writer may take legal action.

Non-exclusive licence

A licence may also be non-exclusive. If you grant someone a non-exclusive licence to do something with your work, you may continue to use your work in that way, and you can also grant other people non-exclusive licences to use your work in that way. For example, if you grant a non-exclusive licence to a publisher to reproduce your illustration in a book, you may also grant other publishers the same non-exclusive licence, and you may reproduce the illustration yourself.

Implied licences

In some cases, permission from a copyright owner to use copyright material may be implied from all the circumstances.

For example, when a person sends a letter which comments on current events to the editor of a newspaper, it is likely that the newspaper will have an implied licence to publish that letter on its letters page. Similarly, when copyright material is commissioned or prepared for a particular purpose, it is likely that the person or organisation for which the material is created will have an implied licence to use that material for that purpose, unless there is something to indicate otherwise.

However, the nature and scope of an implied licence, and who can rely upon it, will always depend on all the circumstances. It can often be difficult to work out whether a licence can be implied for someone to use copyright material. This is why, if permission is needed, it is generally best to get express permission, rather than rely on implied licences.
Australia
Some of the questions/answers are quite ambiguous/do not fit the Austrian Copyright System. Thus not all answers are 100% accurate.

There is no work for hire doctrine in Austria, despite Software developement.
Austria
Under s. 14(1) a licence cannot, with certain exceptions, be for more than 25 years after the death of the author where the author of a work was the first owner of the copyright in the work.

The law is not entirely clear as to whether assignment or licensing of future works (as opposed to an undertaking to assign or license) would be enforceable.

The statute does not distinguish between a 'sole' and 'exclusive' license, but these terms are clearly understood by the courts through case law.

If a work is created outside the course of employment, in the absence of a specific license / assignment clause in the agreement, the person who commissioned the work does not obtain any rights in the work so created, but the courts may preclude the author from exercising his statutory rights as against the person who commissioned the work on the basis of an implied license.

While for a license or an assignment to be valid, they must be in writing, the courts may preclude party who granted an oral or an implied license from exercising its statutory rights as against the licensee.
Canada
Full assignment of economic rights does not extend to the new economic rights the new law creates. China
The provisions of the Croatian Act are not written in a manner that they provide straightforward responses to the above questions, so they are the subject matter to interpretation.

E.g. “A copyright work shall be an original intellectual creation…having an individual character, irrespective of the manner and form of its expression, its type, value or purpose”. So from this definition it is not clear whether the doctrine of merger of ideas and expression as understood by the US lawyers applies or not.

Another example is the existence of license / assignment agreement. The Croatian Act says: “the author may grant to another person a right of exploitation of a copyright work or may entrust him the exercise of copyright by a contract, by giving the authorization for use, or by other legal transaction”.

The license agreements are reserved to the industrial property rights, while the copyright related transaction are referred as “transfer of the right of exploitation of copyright work”. However, since this legal institution is similar in its content to the license agreement, we have provided you with the required responses for the licenses, based on the content of the Act that relate to the transfer of the right of exploitation of copyright work. For different types of copyright work, the Act has specific provisions.
Croatia
Some of the questions are based on an assumption that a "consideration" doctrice will apply. It should be noted that Danish law is not based on a requirement that "consideration" must be paid and accordingly the answers selected are not in all respects representative given the reply opportunities available being limited.

Allthough payment of consideration is not a requirement in order to establish an enforceable license agreement it should be noted that failure to pay consideration/license fees may have tax implications.

Registration of copyrights are not possible pursuant to Danish law.

The question concerning "commissioned work OUTSIDE the scope of formal employment relationship" appears to be based on an assumption that all copyrights created in a formal employment relationship are automatically assigned to the employer. Besides from copyrights in software this is not always true.
Denmark
In some questions the answers posted in the Survey does not fit the provisions of the Egyptian Law. Therefore, please note the following.
1- Granting a license for free:
The Egyptian Copyright Law does not contain any provisions prohibiting the author form granting a license for free. Since the Egyptian law leaves the determination of the consideration to the author.

However, the author or his successor may request the Court of First Instance to reconsider the value of remuneration agreed upon, without prejudice to the rights and interests of the assignee, if it appears that the consideration agreed upon is prejudicial to the author’s rights or became so due to circumstances that arose after the concluding the agreement.

2- It is to be noted that the work made for hire concept is very restricted in the Egyptian Copyright Law. Since it is only mentioned in relation to the creative work. According to the Egyptian Law the natural person or legal entity under whose direction the collective work was created shall have alone the right to exercise the author’s rights with respect to that work.
3- Regarding the derivative works:
Without prejudice to the protection prescribed for the works from which Derivative works have been derived, the Derivative works are protected under Egyptian Law as long as it is characterized by creativity and innovation. Otherwise, it will be subject to infringement.
Egypt
Transfer of copyright does not include the right to modify the work or the right to further transfer the copyright, unless specifically agreed. Finland
Apart from software there does not exist a wor for hire doctrine in Germany. § 69 ff. UrhG.

Some of the answers do not fit the German Copyright Law. Thus there might be certain variations!
Germany
Economic rights can be only transferred regarding certain types of works. Furthermore, some other answers also do not fit perfectly into the Hungarian copyright regime. Hungary
The assignee or licensee has to exercise the rights granted under the assignment of license agreement within one year of the date of assignemnt or license otherwise such rights are deemed to have lapsed unless otherwise expressly mentioned in the agreement. India
1. Exclusive licenses need to be in writing.
2. There is no copyright registry.
3. Work for hire - it is a unique arrangement, as follows:
In a work made pursuant to a commission, the first owner of the copyright therein, wholly or partially, shall be the author, unless otherwise agreed as between the commissioning party and the author, expressly or impliedly. (b) In a work which is a portrait or a photograph of a family event or other private event, made pursuant to a commission, the first owner of the copyright therein shall be the commissioning party.
Israel
In some cases the "given answers" did not fit the way Italian Copyright law operates and therefore the actual Italian rules may be sometimes slightly different. For example:
- the work for hire doctrine is not expressely provided for by the law (apart for specific kind of works, such as software and industrial design and only for employment agreements); however, the majority of case law and authors think that if a work has been commissioned the client acquires the economic rights on the work provided that in the agreement the author has undertaken to carry out a creative activity and that the parties have not agrred only for the sale of the work;
- the law does not distinguish between "exclusive" and "sole" licenses; such terms are currently understood by judges but the agreement must specify whther it is an "exclusive" or a "sole" license.
Moreover, please note that there are specific provisions with regard to publishing agreements.
Italy
About the derivative works, more accurate answer is 'No, the client has no right to use the commissioned work unless the agreement mentioned. It does not matter whether the author was formally employee or be commissioned. Japan
(i) The Copyright Act, 2001does not provide for the protection of expressions of ideas if these ideas can only be expressed in one or a very limited number of ways (doctrine of merger of ideas and expression), i.e it is silent on this doctrine.

(ii) For an exclusive license agreement to be valid, it has to be in writing. However, this is not the case for a non-exclusive license agreement, that is, it can be written, oral or may be inferred from conduct.

(iii) Assignments of works registered with a copyright office needs to be also registered only in the event of an assignment of copyrights from outside Kenya, otherwise there is no such requirement.

(iv) Please note that where a work:
(a) is commissioned by a person who is not the author’s employer under a contract of service; or
(b) not having been so commissioned, is made in the course of the author’s employment under a contract of service,
the copyright shall be deemed to be transferred to the person who commissioned the work or the author’s employer, subject to any agreement between the parties excluding or limiting the transfer.
Kenya
Copyright Law in Kosovo does not provide straightforward answers for the alternatives offered in the questionnaire.

One of the worth mentioning issues is the fact that the law does not specify license/assignment agreements. Is defines contractual agreements by emphasizing that: “The author can assign the property right to another person for use of his work by concluding a contract or other legal action”.
Kosovo
About the question "Can a license be granted for free?", the act does not specifically states that it does. Ths if strictly sticking to the act, no remuneration is formally required. However, the act states that license on future works must provide for a separate remuneration, allowing to interpret the act as that there is a requirement for a license to be remunerated. Case law and legal writing are divided about such interpretation.

There exist no copyright office. However, the trademark office accept some form of registration of copyrighted works (iDepot enveloppe).

The concept of work for hire does not exist as such under Luxembourg law. One would refer to the concept of "œuvre dirigée". It is advisable to provide for a formal assignment or license agreement as the case may be, not only for evidencing purposes but also as assignments and licenses are always to be interpreted restrictively in favour of the author.
Luxembourg
Some of the proposed answers do not fit the Montenegrin Copyright Act. Therefore the given answers were subject to interpretation of the Act.

For example, the license / assignment agreement is referred to in the law as the exploitation of a copyright work. Therefore, the responses we provided in the section on licenses are based on the provisions of the Act that relate to the transfer of the right of exploitation of copyright work.

Montenegro
Copyrights in commissioned threedimensional works made outside a formal relationship vest in the client. Netherlands
Where a work is commissioned the first ownership of the work depends on the type work it is. For example, copyright in a literary work remains with the author but copyright in an artistic work vests in the commissioning party. New Zealand
The Nigerian Copyright Act provides that an exclusive license must be in writing in order to be valid whereas a non-exclusive license may be in writing or oral. Although it does not make a distinction between an exclusive and a sole license, the rules concerning an exclusive and non-exclusive license are well delineated. Nigeria
The authors of original Plastic Arts and music pieces have the right to participate in certain profit percentage from every sale of these items even if they have already assigned all rights in these items. This does not apply to Architecture and Applied Art. Saudi Arabia
Answers given above are to broad and do not present legal advice. In general, it can be said that economic rights in Serbian copyright law are harmonized with EU legislation and practice. Serbia
Only a license can be assigned to third person, not author’s economic rights itself.

There is no copyrights register.

In case of collective works created by two or more authors, the client owns the rights to the commissioned work even if parties are not in a formal employment relationship.
Slovakia
FURTHER NOTES TO THE ABOVE ANSWERS:

1) Regarding licensing agreements, the situation is more complicated than is stated above. Non-exclusive licences do not have to be in writing but exclusive licences do have to be.

2) Regarding registration of assignments of works registered at the Copyright Office, the wording of the above statement above is not quite right. It must be emphasized that registration of copyright in cinematograph films & videos is not voluntary but compulsory.

3) Regarding "works for hire", it is only certain limited classes of commissioned works which give rise to automatic copyright ownership for the commissioning client. Section 21(1)(c) of the Copyright Act No. 98 of 1978 provides as follows: "Where a person commissions the taking of a photograph, the painting or drawing of a portrait, the making of a gravure, the making of a cinematograph film or the making of a sound recording and pays or agrees to pay for it in money or money’s worth, and the work is made in pursuance of that commission,
such person shall, ... be the owner of any copyright subsisting therein ...".
South Africa
1. Merger doctrine. While some courts deny copyrightability to expression essentially dictated by the idea, some courts reject "noncopyrightability" approach to the merger doctrine. There is a view that merger doctrine is better viewed as a defense to liability than as a bar to copyrightability.

2. License agreements. Exclusive license of rights must be in writing and signed by the parties. A non-exclusive license agreement does not need to be in writing.

3. Free licenses. Under general principles of contract law, each agreement must have a consideration. Royalty free agreements are, however, legal, because they have a different kind of consideration other than monetary consideration.

4. Copyright in works specially commissioned outside the scope of formal employment. The general rule is that the person who prepared the work is the author of the work. If the work falls within one of the “work made for hire” categories under the US Copyright Act, the client is considered to be the author. In addition to the works prepared by an employee within the scope of his employment, the following nine categories of work that are considered to be "work for hire:" contributions to collective works; parts of a motion picture or audiovisual works, translations, supplementary works, compilations, instructional texts; tests & answers for tests and atlases.
United States


Moral Rights

Are moral rights recognized with respect to all categories of authors / works? YES, regardless of the category of authors or works, the author has moral rights Albania, Argentina, Armenia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Croatia, Denmark, Dominican Republic, Egypt, Finland, Georgia, Germany, Hungary, India, Ireland, Italy, Kazakhstan, Kenya, Kosovo, Lithuania, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, Nigeria, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, Switzerland, Ukraine
NO, only certain categories of authors or works attract moral rights Australia, Israel, Japan, New Zealand, South Africa, United Kingdom
NO, moral rights are not recognized by our copyright laws at all United States
The term of protection of moral rights: PERPETUAL, moral rights never expire Albania, Argentina, Armenia, Austria, China, Denmark, Dominican Republic, Egypt, Georgia, Hungary, Italy, Kazakhstan, Kosovo, Lithuania, Luxembourg, Macedonia, Mexico, Nigeria, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovenia, South Africa, Ukraine
expire with the DEATH of author Brazil, Japan, Kenya, Slovakia
same as the term of ECONOMIC rights Australia, Belgium, Bosnia and Herzegovina, Canada, Croatia, Germany, India, Ireland, Israel, Montenegro, New Zealand, United Kingdom
some OTHER term Netherlands, Switzerland
Can moral rights be waived? YES, while moral rights cannot be assigned, they CAN be waived Australia, Belgium, Canada, India, Ireland, Israel, Japan, Lithuania, Netherlands, New Zealand, South Africa, Switzerland, United Kingdom
NO, moral rights are inalienable: they cannot be assigned and they cannot be waived Albania, Argentina, Armenia, Austria, Bosnia and Herzegovina, Brazil, China, Croatia, Denmark, Dominican Republic, Egypt, Georgia, Germany, Hungary, Italy, Kazakhstan, Kenya, Kosovo, Macedonia, Mexico, Montenegro, Nigeria, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, Ukraine
Which moral rights are recognized: the right to be known as the author of his work (droit à la paternité) Albania, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Croatia, Denmark, Dominican Republic, Egypt, Finland, Georgia, Germany, Hungary, India, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kosovo, Lithuania, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, New Zealand, Nigeria, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, South Africa, Switzerland, Ukraine, United Kingdom
the right to prevent others from falsely attributing to an author the authorship of a work that he has not in fact written (reverse plagiarism) Albania, Argentina, Armenia, Australia, Austria, Bosnia and Herzegovina, Brazil, Canada, China, Dominican Republic, Germany, Hungary, Ireland, Italy, Japan, Kazakhstan, Kenya, Macedonia, Mexico, Montenegro, New Zealand, Nigeria, Poland, Serbia, Switzerland, United Kingdom
the right to prevent others from being named as the author of his work (plagiarism) Albania, Argentina, Armenia, Australia, Austria, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Croatia, Dominican Republic, Georgia, Germany, Hungary, Ireland, Italy, Japan, Kazakhstan, Kenya, Kosovo, Macedonia, Mexico, Montenegro, Netherlands, New Zealand, Nigeria, Poland, Russia, Saudi Arabia, Serbia, Slovenia, South Africa, Switzerland, Ukraine
the right to publish (or demand that others publish) the author's work under the author’s own name, anonymously or pseudonymously (right to name) Albania, Argentina, Armenia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Croatia, Denmark, Dominican Republic, Georgia, Germany, Hungary, Ireland, Italy, Japan, Kazakhstan, Kenya, Kosovo, Lithuania, Macedonia, Mexico, Montenegro, New Zealand, Nigeria, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, Switzerland, Ukraine
the right to change one's mind after anonymous or pseudonymous publication and claim authorship under the author's own name Albania, Argentina, Armenia, Austria, Belgium, Bosnia and Herzegovina, Brazil, China, Croatia, Denmark, Germany, Hungary, Italy, Japan, Kazakhstan, Mexico, Montenegro, New Zealand, Poland, Russia, Saudi Arabia, Serbia, Slovenia, Switzerland, Ukraine
the right to prevent others from using the work or the author's name in such a way as to reflect adversely on his professional standing (droit au respect du nom) Argentina, Armenia, Australia, Austria, Bosnia and Herzegovina, Brazil, Bulgaria, China, Croatia, Denmark, Dominican Republic, Finland, Georgia, Germany, Hungary, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Macedonia, Mexico, Montenegro, Netherlands, Nigeria, Norway, Poland, Serbia, Slovakia, Slovenia, Switzerland, Ukraine
the right to generally prevent others from making deforming changes in the author's work (droit au respect de l'œuvre) Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Croatia, Denmark, Dominican Republic, Georgia, Germany, Hungary, India, Ireland, Japan, Kazakhstan, Kenya, Kosovo, Lithuania, Luxembourg, Macedonia, Mexico, Montenegro, New Zealand, Nigeria, Norway, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, Switzerland, Ukraine
the right to prevent others from making deforming changes in his work if such changes are capable of damaging the author’s honour and reputation (droit à s'opposer à toute atteinte préjudiciable à l'honneur et à la réputation) Albania, Argentina, Armenia, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, China, Croatia, Denmark, Dominican Republic, Egypt, Finland, Georgia, Germany, Hungary, India, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Lithuania, Luxembourg, Macedonia, Mexico, Montenegro, Netherlands, New Zealand, Nigeria, Norway, Poland, Russia, Serbia, Slovakia, Slovenia, South Africa, Switzerland, Ukraine
the right to publish a work, or to withhold it from dissemination (droit de divulgation) Argentina, Armenia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, China, Croatia, Dominican Republic, Georgia, Germany, Hungary, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kosovo, Luxembourg, Macedonia, Mexico, Montenegro, Poland, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, Switzerland, Ukraine
the right to withdraw a published work from distribution if it no longer represents the views of the author (droit de retrait; also, droit de repentir) Argentina, Armenia, Bosnia and Herzegovina, Brazil, Bulgaria, Denmark, Dominican Republic, Georgia, Hungary, Italy, Japan, Kazakhstan, Kenya, Kosovo, Luxembourg, Macedonia, Mexico, Montenegro, Russia, Saudi Arabia, Serbia, Slovenia, Switzerland
Any other particularities of your national copyright laws relating to moral rights that you would like to share? The Argentine Copyright Law has no a systematic regulation of moral rights but some of their effects are cleary stated by the Law. Therefore, the Argentine scholars and case law have peacefully understood that moral rights are protected by the Law. Argentina
The protection against 'reverse plagiarism' is available through a common-law tort of passing-off.

The right to name is not absolute, but is limited to situations where it is "reasonable in the circumstances".
Canada
The Act anticipates the following author’s moral rights:
- RIGHT OF FIRST DISCLOSURE
- RIGHT OF RECOGNITION OF AUTHORSHIP
- RIGHT OF RESPECT FOR THE WORK AND HONOR OR REPUTATION OF THE AUTHOR
- RIGHT OF REVOCATION
Therefore, the above-responses are given based on the interpretation of the scope of the provisions (and can thus be also understood differently).
Croatia
It should be noted that some of the answers not ticked above may be ticked based on the scope of economic rights granted pursuant to the Danish Act on Copyright and/or the Danish Marketing Practices Act depending on the specific circumstances. Denmark
Please note that the following is recognized as moral rightunder Egyptian Law:


The right to make the work available to the public for the first time.
Egypt
Apart from moral rights under certain circumstances post mortal personel rights are granted by German jurisdiction. Germany
Licencees are entitled to take action in defense of an author's specific moral rights if the author has given his/her express consent to such in the license agreement.

Hungary
1. The moral right is recognized with respect to all works, except sound recordings and computer programs.
2. The right to publish the work is an economic right. It is not categorized as part of the moral right.
Israel
Though moral rights are recognized for all kind of works, the right of the author of an architectural work to prevent others from modifying the work is subject to certain limitations.

The right to withdraw a published work from distribution is recognized by Italian copyright law but only if serious moral reasons occur and the author must indemnify those that have acquired the economic exploitation rights on the work.
Italy
The participant of movie does not have moral right. The owner of neighboring rights, such as broad casting company, cable television and record label has partial moral rights. Japan
Generally an author has the moral right to claim the authorship of the work and object to any distortion, mutilation or other modification of or other derogatory action in relation to the said work which would be prejudicial to the author’s honour or reputations. In addition, the author has the right to seek relief in connection to any such distortion, mutilation or other modification of and any other derogatory action in relation to his work, where such work would be or is prejudicial to his honour or reputation. Kenya
Waiving of moral rights is subject to certain limitations.

Protection of moral rights is executed by the Ministry of Culture in the absence of any heirs, as well as after the expiry of author's economic rights.
Lithuania
Moral rights can be assigned, in whole or in part, to the extent the author's honour and reputation are not damaged. Luxembourg
The Montenegrin Copyright Act refers to the following moral rights:
the right of first disclosure
the right of authorship
the right of integrity of the work and
the right to withdrawal.
Therefore, the given responses were subject to
interpretation of the mentioned provisions/rights.

In addition, as regards the term of protection of moral rights - the right of authorship and the right of integrity of the work are perpetual.
Montenegro
To execercise moral rights after the death of the author, the author must have assigned them by means of a (written) will.

Authors can waive the naming rights, but no the anti-deformation right.
Netherlands
With regard to which moral rights that are recognized please note that:

The right to publish (or demand that others publish) the author's work under the author’s own name does not extend to situations where the author has decided to be anonymous / write under a pseudonym.

The right to prevent others from using the author's name is connected to (droit au respect de l'œuvre)/(droit à s'opposer à toute atteinte préjudiciable à l'honneur et à la réputation) and not to situations where the author's name is used in such a way as to reflect adversely on his professional standing.
Norway
If the Author dies without an hier, all moral rights will be transferred to the Ministry of Information. Saudi Arabia
Since 1886, moral rights were under significant influence of the French and German legal doctrine. Serbia
It should be noted that some of the moral rights may be acknowledged based on the doctrinal interpretation of the Slovak Copyright Act an/or other legislation depending on the specific circumstances. Slovakia
An author who authorizes the use of his work in a cinematograph film or a television broadcast or an author of a computer program or a work associated with a computer program may not prevent or object to modifications that are absolutely necessary on technical grounds or for the purpose of commercial exploitation of the work (Section 20(1) of the Copyright Act No. 98 of 1978). South Africa
UK law recognises also the right of integrity (which seems to be missing from this list) and also a right to privacy in certain films and photographs United Kingdom
The Visual Artists Rights Act of 1990 provides for protection of the moral rights of attribution and integrity for visual arts. United States


Information about Countries and Survey Participants

Country National copyright statute Lawyer completing the survey Notes:
Albania Law on Copyright and Related Rights, No. 9380 of April 28, 2005 (amended by the Law No. 9934 of June 26, 2008) (English) Irma Cami, PETOSEVIC Special note: The above-mentioned law on Copyright and Related Rights will soon change, it is expected to be replaced by a new law, which probably will enter into force by June, 2012. The new Law on Copyright is deemed to fully transpose acquis communautaire.
Argentina Argentine Intellectual Property Law (Law N 11.723) (English) Marcelo García Sellart
Armenia Law on Copyright and Related Rights, RA Law No. HO-142-N, dated June 15, 2006 (English) Sarkis Knyazyan, Knyazyan & Partners IP Law Firm
Australia Copyright Act 1968 Amanda Gore
Austria Urheberrechtsgesetz (Copyright Act) (English) Axel Anderl
Belgium Alain Strowel
Bosnia and Herzegovina Copyright and Related Rights Law (English) Tarik Prolaz, Petosevic
Brazil LEI Nº 9.610, DE 19 DE FEVEREIRO DE 1998. (English) Erica Aoki, Aoki Advogados Associados
Bulgaria Copyright and Related Rights Act, 1993 (English) Plamena Georgieva, Dimitrov, Petrov & Co.
Canada Copyright Act, R.S.C., 1985, c. C-42 (English) Andrei Mincov, Mincov Law Corporation
China Copyright Law (English) James Liu, M&D Law
Croatia Copyright and Related Rights Act (English) Tanja Rajic Act on Amendments to the Copyright and Related Rights Act

The Act on Obligatory Relations (as general act for contracts, including licenses)
Denmark Act on Copyright (Consolidated Act No. 202 of February 27th, 2010) (English) Klaus Ewald Madsen, Bech-Bruun
Dominican Republic Ley 65-00, Ley sobre Derecho de Autor (English) Jose M. Santana On WIPO website this law is not complete yet.
Egypt Intellectual Property Rights Law No. 82/2002 Book 3 (English) Shaimaa Solaiman, Challenge Law Firm
Finland Finnish Copyright Act (English) Martin von Willebrand, HH Partners Attorneys-at-law Ltd The unofficial translation into English is made by the ministry of Education and Culture. However, it is not as up to date as the Finnish and Swedish language versions.
Georgia The Law on Copyright and Neighboring Rights, 1999 (English) Giorgi Taktakishvili, Mikadze, Gegetchkori, Taktakishvili LLC
Germany Urhebergesetz (English) Guido Asshoff, LL.M. (IP LAW)
Hungary Act No. LXXVI of 1999 on Copyright (English) Balázs Attila Kiss The English version available on UNESCO's above referred site has not been updated since 2007 and as far as I know it is not an official translation. However, that is the most up-to-date Englsih version of the Hungarian Copyright Act on the Internet I have found.
India The Copyright Act, 1957 (English) Siddharth Mahajan, Auxilium Partners
Ireland Copyright and Related Rights Act 2000 (English) James S. Wolsey, Holme Roberts & Owen Solicitors
Israel Copyright Act, 2007 (English) Dan Or-Hof
Italy Legge 22 aprile 1941, n. 633. Protezione del diritto d'autore e di altri diritti connessi al suo esercizio. (English) Ilaria Carli, Studio Legale Carli Please note that the english version of the Italian copyright statute is not an official translation and that it is updated only to 2004.
Japan Copyright Law, first enforced in 1978 newly amended in 2010 (English) Junko Ishibashi, LLM (IP Program) Gyosei Shoshi (Solicitor in Japan) Whether fair use provision, similar to American Copyright Law, should be added or not has been discussed among the authorities for several years.
Kazakhstan LAW No. 6-I of 10th JUNE 1996 OF THE REPUBLIC OF KAZAKHSTAN on Copyright and Related Rights (English) Yuri Bolotov, BMF Group LLP - Instructions on State registration of Copyrights;
- Civil Code of the Republic of Kazakhstan;
- Administrative Code of the Republic of Kazakhstan;
Criminal Code of the Republic of Kazakhstan.
Kenya The Copyright Act, 2001 (English) Andrew Ndikimi, Ndikimi & Company Advocates
Kosovo LAW No. 04/L-065 ON COPYRIGHT AND RELATED RIGHTS (English) Florentina Grubi
Lithuania Law on Copyright and Related Rights (English) Edita Ivanauskienė, LAWIN Lideika Petrauskas Valiūnas ir partneriai
Luxembourg Loi du 18 avril 2001 sur les droits d’auteur, les droits voisins et les bases de données Gary Cywie, Noble & Scheidecker the Act of 18 April 2001 on copyright has been amended in 2004. The modifying act can be found here.
Macedonia Law on copyrights and related rights Zivka Kostovska-Stojkovska
Mexico Ley Federal del Derecho de Autor (English) Luis C. Schmidt, Olivares & Cia. The only translation available in English, provided by the WIPO, is not up to date, therefore, it would need to be compared with the Spanish version.
Montenegro Copyright and related rights act (Official Gazette of Montenegro 37/11) (English) Jasna Jusic
Netherlands Auteurswet (English) Diederik Stols, Boekx Advocaten Neighbouring rights (as per the Rome Convention: rights of artists in performances, record companies in phonograms (sound recordings), film producers in film recordings, TV broadcasters in TV broadcasts) are governed by the separate Neighbouring Rights Act.
New Zealand Copyright Act 1994 (English) Simon Fogarty, A J Park
Nigeria The Copyright Act, Cap28 Laws of the Federation of Nigeria 2004 (English) Angela Adebayo, Bentley Edu & Co (in association with Irving and Bonnar) Copyright (Collecting Societies) Regulations 1993

Copyright (Video Rental) Regulations 1999

Copyright (Security Devices) Regulations 1999

Copyright (Optical Discs Plants) Regulation 2006

Copyright (Collective Management Organization Regulation) 2007

Norway ACT NO. 2 OF 12 MAY 1961 RELATING TO COPYRIGHT IN LITERARY, SCIENTIFIC AND ARTISTIC WORKS, ETC., WITH SUBSEQUENT AMENDMENTS, LATEST OF 22 DECEMBER 2006 (IN FORCE 1 JANUARY 2007) (English) Toril Melander Stene
Poland Law of February 4, 1994, on Copyright and Neighboring Rights (English) Krzysztof Czyżewski, Czyżewscy kancelaria adwokacka s.c.
Russia Part IV of the Civil Code of the Russian Federation, No. 230-FZ dated December 18, 2006 (English) Andrei Mincov, Mincov Law Corporation
Saudi Arabia Copyright Law, issued by Royal Decree No. M/41 dated August 30, 2003 and published in the Official Gazette No. 3959 dated September 19, 2003. (English) Samer Pharaon
Serbia "Law on Copyright and Related Rights", OG RS No.104/2009 (English) Miodrag Markovic 1."Law on Special Competences for the Effective Protection of IP Rights", OG RS No.46/2006 and 104/2009.
2."Law on Optical Discs", OG RS No.52/2011.
3."Regulation on the establishement of the list of technical devices for which obligation to pay special remuneration to the holders of copyright and related rights", OG RS No. 45/2010.
4."Regulation on the conditions for the deposit of copies of author's work and subjects of related rights....", OG RS No.45/2010
Slovakia Copyright Act (English) Marcel Dzivak
Slovenia Copyrights and Related Rights Act (English) Tatjana Simović
South Africa Copyright Act No. 98 of 1978 (English) Rory Moore, Moore Intellectual Property Other Relevant Statutes:

- Performer's Protection Act No. 11 of 1967
- Registration of Copyright in Cinematograph Films Act No. 62 of 1977
- Counterfeit Goods Act, No. 37 of 1997

Although, generally speaking, copyright in South Africa arises automatically when a work is made (and does not have to be registered), copyright in films & videos made for commercial use does have to be applied for formally and is governed by the above-referenced Act entitled "Registration of Copyright in Cinematograph Films Act No. 62 of 1977."
Switzerland Swiss Copyright Act (English) Matthias Staedeli, Rentsch Partner AG
Ukraine See notes Gregory Prokhorov-Lukin, APL Patents There are two acts that govern copyright in Ukraine:

In English:
The Civil Code

The Law of Ukraine “On Copyright and Related Rights”

In Ukrainian:

Цивiльний Кодекс України

Закон України “Про авторське право і суміжні права”
United Kingdom Copyright, Designs and Patents Act 1988 (English) Peter Groves The Act has been amended extensively since 1988. The version at the URL above is a consolidated version.
United States The Copyright Act of 1976, Pub. L. No. 94-533, 90 Stat. 2541 (English) Olga Zalomiy, Law Offices of Olga Zalomiy, PC The copyright law of the United states consist of federal laws and state common law. The following is the list of the most important federal copyright laws:
The Copyright Act of 1909, as amended;
The Sound Recording Amendment Act of 1971;
The Copyright Act of 1976;
The Berne Convention Implementation Act of 1988;
The Computer Software Copyright Act of 1980;
The Record Rental Amendment of 1984;
The Satellite Home Viewer Act of 1988;
The Computer Software Rental Amendments Act of 1990; The Audio Home Recording Act of 1992;
The Uruguay Round Agreements Act of 1994
The Digital Performance Right in Sound Recordings Act of 1995;
The Digital Millennium Copyright Act of 1998;
The Copyright Royalty and Distribution Reform Act of 2004;
The Satellite Home Viewer Extension and Reauthorization Act of 2004;
The Intellectual Property Protection and Courts Amendments Act of 2004;
The Prioritizing Resources and Organization for Intellectual Property Act of 2008; and
The Satellite Television Extension and Localism Act of 2010.

* The information on this page is not legal advice and is not intended as legal advice in any jurisdiction. It was automatically generated based on responses of lawyers who had completed the survey based on their knowledge and understanding of their respective national laws as such laws deal with generic, non-specific circumstances. In many cases, available options did not cover the complexity of the law, and the participating lawyers had to choose the closest one, which answer may not be entirely accurate or complete. Some participants chose not to respond to all questions. The same question may have been answered differently if the facts were slightly different or were understood to be slightly different. As the saying goes, “two lawyers, three opinions” – other lawyers may reach a different conclusion in respect of certain answers to this survey. Do not rely on it blindly, seek legal advice with respect to a particular jurisdiction based on your particular facts.

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