In Poland, these issues are regulated by the Act on Copyright and Related Rights. Importantly, copyrights arise automatically – at the moment of creation of the work.
A work can be practically any manifestation of creative activity with an individual character:
An infringement occurs when someone uses a work without the consent of the author or other authorized party, to the extent that it exceeds fair use.
The most common examples of infringements are:
In practice, infringements occur in both small and large organizations. They often result from ignorance, but a lack of awareness does not exempt one from responsibility.
The first step should be to secure the evidence. Take screenshots of the page, save the publication date, keep the links, and, if possible, use a notarized confirmation of the website content. The better you document the infringement, the stronger your position will be. Next, it is worth determining who is responsible for the publication. Sometimes it is the website owner, sometimes the store administrator, and sometimes the entity that commissioned the content from a marketing agency. In many cases, a notice to cease the infringement proves effective. This is a formal letter in which you indicate what rights have n infringed, demand the removal of the content, and possibly request payment of compensation or damages. Often, even a professional notice alone encourages the infringer to reach an amicable settlement.
In the event of copyright infringement, you may, in accordance with the regulations, request, among other things:
The choice of strategy depends on the situation. Sometimes the goal is only to remove the content. Other times – financial compensation.
Social media platforms have their own procedures for reporting copyright infringements. If someone uses your photo or video without permission, you can report it directly to the platform’s administrators.
In many cases, the content is removed even before the dispute between the parties is resolved. This is a quick way to take action, especially in cases of obvious infringement.
The line between inspiration and plagiarism can be thin. The idea itself is not protected, but its specific implementation is. If someone creates a work inspired by someone else’s work, but with a distinctly different character and form, it does not necessarily mean that it is an infringement.
The problem arises when there is a transfer of significant creative elements, structure, composition, or characteristic fragments. An assessment requires an analysis of the specific case.
Although completely eliminating risk is impossible, it can be reduced. Therefore, it is worth:
It is also a good practice to clearly define the rules of cooperation with subcontractors and agencies. Agreements should precisely regulate who owns the copyright.
See more: All rights reserved – what does it mean for entrepreneurs?
Many creators give up on pursuing claims, believing that it is too time-consuming and costly. Meanwhile, inaction can lead to a loss of control over one’s own work and the perpetuation of illegal practices.
There is also the reputational aspect. A company that does not react to the copying of its content may be perceived as an entity that does not care about its rights. On the other hand, consistent action builds a professional image and deters potential infringers.
Copyright infringement is a real problem faced by creators, entrepreneurs and personal brands. Although emotionally one can talk about “theft”, in a legal sense, it is crucial to precisely define the infringement and choose the appropriate means of action.
The most important thing is not to remain passive. Securing evidence, a professional request to cease infringements, and, if necessary, legal proceedings are tools that allow you to effectively enforce your rights.
Awareness of the regulations and consistent action make the protection of creative works cease to be an illusion and become a real element of business strategy.
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