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WHAT IS A COPYRIGHT?
Copyright is the collective name of personal and property rights to a work that meets the characteristics of an individual creative activity conducted by a human.
Personal rights are inseparably connected with the creator of the work, they cannot be the subject of a license agreement or transfer of rights. On the other hand, property rights may be freely transferred to other entities.
Personal copyrights apply to the author’s relation with the work, they relate to the right to label the work with the author’s name or to make changes to the work. Property rights generally relate to remuneration for the use of the work.
WHO IS THE OWNER OF COPYRIGHT?
Personal copyrights belong to the creator or his heirs. Proprietary copyrights may be owned by the creator or the employer in the case of employee works.
Proprietary copyrights can also be transferred to another person by way of a license agreement or an agreement on transfer of rights.
In Polish law, protection exists from the moment the work is established, that’s why registration of the right to any register or reservation of copyright on the work is not required. Protection does not require any action from the creator.
HOW TO PROTECT COPYRIGHT?
Protection of copyrights requires the author or other entity that is entitled to proprietary copyrights to react to the use of the work by third parties, if the user did not receive prior consent of the authorized entity. In a situation where the author or other authorized entity notices that the person whom consent has not been granted commercially copies or imitates his work, it would be appropriate to issue a letter to cease infringement of copyright and, in the event of no reaction, bring a lawsuit to the intellectual property court.
In cases concerning the protection of copyright, there is an obligation to be represented by an attorney, legal advisor or patent attorney if the value of the subject of the dispute exceeds 20,000 zloty.
WHAT SERVICES DOES THE ATTORNEY AT LAW AND PATENT ATTORNEY PROVIDE?
Our law firm priovides following services in matters of copyright:
• preparing written legal advise;
• drafting licence agreements;
• drafting tranfer of rights agreements;
• drafting a lawsuit on protection of copyright;
• representation clients before courts;
• negotating agreements for our clients.
+48 (58) 716 71 68