höfundarréttur

Höfundarréttur, or copyright, is the legal regime that protects original works of authorship and the rights of their creators. It covers a broad range of works, including literature, music, visual arts, film, software, databases, architecture, and choreography. The protection applies to the expression of ideas, not the ideas themselves, and not unrelated facts or procedures.

The rights under Höfundarréttur are typically divided into two main categories: moral rights and economic rights. Moral rights (minn réttindi) include the author’s right to be identified as the creator and to object to changes that could harm the author’s reputation or the integrity of the work; these rights are usually personal and non-transferable. Economic rights (efnahagsleg réttindi) authorize acts such as reproduction, distribution, public performance, public communication, and the creation of derivative works (translations, adaptations). Economic rights can be licensed, assigned, or transferred, allowing the author to benefit financially from the work.

Protection arises automatically when a work is created and fixed in a tangible form; no registration is required. The duration of protection is generally the life of the author plus 70 years after death. Different rules may apply for anonymous works, works made for hire, or other special cases, and specifics are set out in national law.

Limitations and exceptions exist to balance authors’ rights with public interest and other uses. These include allowances for private use, quotation, criticism and review, education, and library or archival activities, subject to conditions.

Internationally, Iceland is bound by major copyright instruments, such as the Berne Convention and WIPO treaties, ensuring protection across borders. Infringement can lead to civil remedies, including damages and injunctions, and in some cases criminal penalties.