Copyright infringement on the internet can cost a business hundreds of euros – often because of a single photo or text. We explain what counts as a copyright work, the risks of unauthorised use and what to do if copyright is infringed.
In our legal practice, we often encounter cases in which businesses or ordinary internet users run into a problem of copyright infringement – often without even realising it.
One of our clients approached us with the following question:
“A few years ago, when I was starting my business, I created a website myself. I used a photo on it that I found on the internet. Now, however, an organisation representing authors has contacted me, saying that I have infringed the copyright of a photographer they represent. They are demanding that I pay EUR 600 as unjust enrichment. Can I simply ignore this message and throw it into spam?”
At first glance, this may seem like a trifle. The truth, however, is different. Just as you cannot arbitrarily borrow someone else’s bicycle or walk across your neighbour’s land without their consent, you cannot interfere with the copyright of other persons either.
What is protected by copyright?
Under the Copyright Act (Act No. 185/2015 Coll.), a copyright work is any work in the field of literature, art or science which is the unique result of the author’s creative intellectual activity and which is expressed in an objectively perceptible form.
Copyright works include, for example:
- photographs and pictures,
- musical compositions and song lyrics,
- films, videos and multimedia works,
- paintings, graphics and sculptures,
- literary works (articles, books, blogs),
- computer programs, applications and databases,
- architectural works.
In other words – anything that has a creative and original character.
So, if you want to use someone else’s work (for example, a photo on your website, music in a video or a text in promotional material), you need to check whether it is protected by copyright. If it is, you need:
- a licence or the author’s consent (which may be paid or free of charge),
- or to use a work that is free, or distributed under a so-called Creative Commons licence (subject to conditions you must comply with).
Using someone else’s work “just like that” can have unpleasant consequences.
What are the consequences of copyright infringement?
If the author or an organisation representing authors finds out that a work has been used without permission, it will most often seek an order to refrain from interfering with the copyright (e.g. removal of the photo from the website) and the surrender of unjust enrichment – which usually corresponds to the amount of the usual licence fee.
In practice, this often starts with an e-mail calling for the unauthorised interference to be removed and a certain amount to be paid. Ignoring such a call may not be the right strategy – you may well receive a pre-action letter from a law firm or even a payment order.
How can we help?
At our law firm, we represent clients on both sides – authors whose rights have been infringed as well as those who have unintentionally interfered with the rights of others.
We help:
- authors in asserting their rights,
- businesses and individuals in copyright disputes,
- in negotiations to reduce the amount claimed or to conclude a settlement,
- in setting up the lawful use of works in business (licence agreements).
Conclusion
Respecting copyright is not only a matter of respect for creators, but also of preventing unpleasant legal consequences. Any unauthorised use of someone else’s work can lead to financial claims or court disputes. If you are not sure how to proceed correctly, contact the experts – we will help you find your way and protect your interests.
