Copyright Law

Over the past several years, technological advancements have significantly impacted businesses, particularly in the context of digitalization and software. With the dynamic rise of the internet, artificial intelligence, and blockchain technology, the protection of intellectual property has become more complex and demanding.

Copyright is a fundamental element of protecting a company’s creative output. It safeguards creative work of an individual nature, established in any form, regardless of its value, purpose, or means of expression. Copyright encompasses not only programs and their source code but also databases and audiovisual works.

Copyright in Poland is regulated by the Act of February 4, 1994, on Copyright and Related Rights. The subject of copyright is a work. Copyright belongs to the creator, even when the work is produced under a company’s commission—this is why the content of the signed agreement is crucial.

According to the Copyright Act, infringement of copyright may result in a fine, restriction of liberty, or even imprisonment for up to 5 years.

Collaboration with subcontractors and signing of B2B agreements is conducted daily across various industries, from IT and marketing, to media house content production and design. Poorly drafted contracts, the absence of appropriate provisions, or the use of generic contract templates can lead to unfavorable consequences such as limited ability to use the created materials, the risk of unauthorized use, ineffective transfer of economic copyrights, and legal disputes.

Well-drafted agreements not only minimize risks but also ensure the company’s full freedom in utilizing created materials and services.

Agreement with subcontractors – what should it include?

A well-structured agreement protects both parties—the creator and the commissioning company. To avoid potential risks, it is advisable to secure the company’s interests by incorporating appropriate provisions, including:

• A precise definition of the subject of the agreement—whether rights are transferred or only a license is granted
• Regulation of the terms and conditions for the use and exploitation of the work
• Specification of the duration of the agreement and determining remuneration
• Regulation of confidentiality and protection against subcontractor misuse of the company’s know-how
• Specification of the liability of the parties and consequences of contract violations, including contractual penalties