Register your project as it is being created to prove anteriority
No formalities are required to enjoy copyright protection: a work is protected as soon as it takes on a concrete form and is original. However, in practice, it is strongly recommended to establish proof of anteriority, especially if your work is still under development and has not yet been made public. This allows you to demonstrate that you are the original creator.
Why Proof of Anteriority? If your work is distributed and someone else claims authorship, you can use proof of the creation date to show that you are the original author.
Proof of authorship date: commonly used methods
Several options are available to establish the date:
- Sending a registered letter to yourself and keeping it sealed: this is a straightforward way to prove a date, as the postal stamp and the fact that the envelope remains unopened can serve as evidence.
- Administrative deed at a notary or government office: you can register a work with a notary (authentic deed) or with a government registration office (such as the FPS Finance). Both options provide your work with an official date stamp, which is legally valid as proof of its existence at that time.
- Specialised online platforms such as e-dpo: this service offers digital deposit with a timestamp and cryptographic security, which is accepted as legal proof of anteriority. Also worth mentioning is the i-DEPOT service from the Benelux Office for Intellectual Property (BOIP). This deposit provides official proof of the existence of a creation on a certain date and is useful in case of disputes.
- Collecting management organisations: some collecting organisations offer a deposit service for their members, which can also serve as valid proof. It’s wise to check with the relevant organisation in your field.
Who can help me ?
Below are some organisations that can help you with this issue.
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