Copyright transfer vs. license
As lawyers, we often encounter clients' misunderstanding of the differences between transferring copyrights and licensing those rights. Still other times we see errors appearing in the construction of these agreements. Although this area of law is largely based on a single law, its provisions leave many "pitfalls" that people without experience in this area are not aware of. We recommend to clients which solution is best and create contracts in such a way as to protect their interests as much as possible.
Infringement of rights and claims under the law
Finally, there is the issue of the use of the work itself and the possibility of infringement of the author's exclusive rights. The protection of intellectual property rights has certain limitations such as the permissible use indicated in the law allowing, to a certain extent, the use of these rights by those who are not entitled to them. What an author is entitled to is also determined by the provisions of the law. Copyright protection is primarily protection against unlawful copyright infringement. The law indicates the catalog of infringements and the claims to which the right holder is entitled against the infringer.
In our work, we have created hundreds of licensing and copyright transfer agreements. If you would like to use our assistance, we invite you to contact us: kontakt@jasion.pl
I have created hundreds of agreements involving copyrights. I have conducted successful litigation for copyright infringement while looking after the interests of my clients.
attorney-at-law
Ewelina Jasion
Copyrights in Poland
Copyright is a rather rapidly developing branch of law, as it is largely dependent on the rapid development of technology. From the advent of the Internet to the very rapid development of artificial intelligence, legal support on this issue is increasingly sought after and sometimes even necessary. We have key experience in this subject to secure the interests of our clients from the stage of creation of the work to its promotion.
The work as a subject of copyright protection
The key issue in the first instance is to assess whether the work created by the client has the characteristics of a original work, and thus whether it is subject to copyright. The Law on Copyright and Related Rights indicates that a copyright work is any manifestation of creative activity of an individual character, established in any form, regardless of value, purpose and manner of expression. Thus, some authors may not realize that their work is a copyright work, and another part may mistakenly consider it a work entitled to protection.
Author's personal rights and author's economic rights
We divide authors' rights into author's economic rights and author's personal rights. While personal copyrights such as the right to sign one's work with one's name or pseudonym cannot be sold or in any way transferred to another person, economic rights are already tradable. We can transfer them or grant a license to use a work created by us. This is because the author's economic rights are vested in the creator unless he or she effectively transfers them to another entity or person.
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