Copyright on the Internet: What Companies Need to Know

A marketing team finds a suitable photograph through a Google search and publishes it on a business profile. An agency creates a new website, but after the cooperation ends refuses to hand over the source code. A company pays for packaging design and assumes that it may modify it without limitation, register it as a sign of distinction and use it in all markets.

In each of these situations, the problem arises from the same assumption: if content has been found, paid for or created for the company, the company may freely dispose of it.

This is often not true.

Copyright on the internet also applies to content that is publicly available, easy to download or published on social networks. Paying an author, photographer, designer or agency also does not automatically mean that the company has acquired all rights necessary for the intended manner of use.

Therefore, the origin of the content, the scope of the licence and the rights acquired from employees and external associates should be checked as part of the legal regulation of the company’s intellectual property before publishing a campaign, launching a website or placing a product on the market.

What Is Copyright and When Does Protection Arise

Under the Law on Copyright and Related Rights, a copyright work is an original intellectual creation of an author expressed in a particular form. Protection does not depend on whether the work has been registered, published, commercially successful or considered artistically valuable.

According to the explanation of the Intellectual Property Office, copyright arises automatically, by the very creation of the work. As a rule, the author therefore does not need to carry out a registration procedure in advance in order to obtain protection.

In business, copyright protection may cover:

• website and blog texts
• photographs of products and employees
• illustrations and infographics
• graphic design
• promotional videos
• music and sound recordings
• presentations and educational materials
• computer programs
• parts of program code
• databases
• certain elements of website design
• original materials of a marketing campaign

It is important to distinguish an idea from its specific expression. A general concept for a campaign, a business concept or the topic of a text is not the same as an original photograph, written text, graphic solution or developed program.

A company therefore cannot always prevent others from using a similar idea, but it may have grounds to react when its specific creative result has been taken without permission.

May a Company Use Photographs and Texts from the Internet

The fact that content has been publicly published does not mean that it is free for business use.

A photograph found through a Google search is still located on the website of its author, media outlet, agency or another rights holder. A search engine enables content to be found, but it does not give the company a licence to use it.

The same applies to texts, videos, illustrations, music and social media posts. The possibility of sharing a post within a platform does not necessarily include the right to download and use its content:

• on the company website
• in a paid advertisement
• on product packaging
• in a printed catalogue
• in a promotional video
• in a business presentation
• at the point of sale

Before using content, the company should determine who the author or other rights holder is and whether there is permission that covers precisely the intended manner of use.

Why Crediting the Author Is Not Enough

Crediting the author and obtaining permission are not the same thing.

A company may properly credit the photographer and place a link to the photographer’s website, while still not having the right to use the photograph in an advertisement. Labels such as “source: internet” or “taken from social networks” also do not constitute permission.

It is necessary to distinguish between:

• the author’s right to be recognised and credited
• the company’s right to reproduce, publish, adapt or use the work for commercial purposes

Even when a licence requires crediting the author, this is only one of its conditions. The company must still check whether commercial use, modifications, distribution and advertising are permitted.

Stock Photographs, Royalty-Free Content and Creative Commons Licences

Content from stock platforms is not automatically available without restrictions either.

By purchasing a photograph, a company most often does not become the owner of copyright, but acquires a licence defined by the rules of the platform and the selected package. It may limit the number of copies, use on products intended for sale, distribution of the source file or use in a logo.

The term “royalty-free” usually does not mean that the work has no owner or that it may be used without permission. Most often it means that, after obtaining the appropriate licence, no new fee has to be paid for each individual use covered by that licence.

Creative Commons licences also differ. Some allow commercial use and adaptation, while others prohibit one or both. Therefore, it is not enough to see the Creative Commons label. The exact type of licence must be checked and its conditions fulfilled.

Who Holds Copyright in Content Paid for by a Company

Paying a photographer, designer, copywriter or another creative service provider does not automatically mean that the company has acquired all economic copyright rights.

For commissioned works, the client’s rights depend on the law and the contract. If the company wants to modify the work, use it in multiple campaigns, publish it in different markets or assign it to affiliated companies, those authorisations should be clearly agreed.

A written contract should determine:

• which work is the subject of the contract
• which rights the company acquires
• whether the rights are assigned exclusively or non-exclusively
• for which modes of use they apply
• in which territory the work may be used
• how long the right of use lasts
• whether modification and adaptation are permitted
• whether the work may be used in advertising
• whether the rights may be transferred to a client or affiliated company
• whether the author may offer the same or a similar solution to another person

An indefinite sentence stating that “all rights are included in the price” may be insufficient when it is not clear what those rights include.

One Website, Several Different Legal Problems

Imagine that a company hires an agency to create a new corporate website. The price has been paid, the website has been published and the project appears to be completed.

When the company later wants to change agencies, it discovers that it does not have access to the source code. Some of the photographs were obtained from a stock platform through the agency’s account, and the licence cannot be simply transferred. The font has special restrictions, one plug-in requires an annual subscription, while the texts were written by a freelancer with whom the transfer of rights was not regulated.

The company paid for a finished product, but did not necessarily obtain all rights and technical resources necessary for its independent use and further development.

Therefore, a website development contract should not regulate only the price and deadline. It is also necessary to determine:

• rights in the code and design
• handover of access credentials
• licences for photographs, fonts and plug-ins
• rights in texts and other materials
• use of third-party components
• maintenance and further modifications
• procedure after the cooperation ends

This example shows why ownership of a domain or a paid invoice does not resolve all copyright issues.

Copyright Rights of Employees

An employee remains the author of the work he or she has created, but under certain conditions the law gives the employer rights in a work created in the performance of employment duties.

For most such works, unless an employment contract or general act provides otherwise, the employer has the right to publish the work and exclusively exploit it within its business activity for a period prescribed by law. A special regime applies to computer programs and databases created in employment.

For that reason, it is not enough to rely on the general assumption that “everything an employee creates belongs to the company”. It is necessary to check:

• whether the work was created in the performance of employment duties
• what the employment contract provides
• what the employer’s general act regulates
• what type of copyright work is involved
• how the employer intends to use it
• whether use will be needed after the employment relationship ends

Employment contracts, job descriptions and other internal acts of the employer are particularly important when employees create texts, photographs, video materials, design, software or other content with lasting market value.

Copyright in Software, Websites and Databases

A digital product is usually not a single work, but a set of different elements and licences. Therefore, the protection of software, code and digital products does not end with copyright, but also includes contracts, trade secrets, licences and the regulation of relationships with employees and external associates.

A website or software solution may include:

• source and executable code
• graphic and UX design
• texts
• photographs and illustrations
• a database
• fonts
• plug-ins and themes
• open-source components
• third-party software

A company may have a domain, hosting and an administrator account, while still not having the right to modify, transfer or commercialise certain parts of the solution.

A contract with a developer or IT agency should regulate rights in the code, the right of further development, handover of technical documentation and access, as well as the use of third-party components.

With open-source software, it is especially important to check the specific licence. “Open code” does not mean “without rules”. Certain licences impose conditions regarding distribution, crediting authors or making modified code available.

Can a Company Use AI-Generated Content

The legal status of content created with the help of artificial intelligence cannot be assessed by one general formula.

Before using AI-generated text, photographs, video or program code, a company should check four things.

1. Terms of use of the tool

It is necessary to determine what the service provider allows, especially regarding commercial use and rights in the outputs.

2. Confidentiality of entered data

Business secrets, personal data, client code or other confidential information should not be entered into public AI tools without first checking how those data are processed.

3. Possible third-party rights

The output may contain elements resembling existing texts, photographs, characters, trademarks or program code. Before commercial use, a reasonable level of review is necessary.

4. Human creative contribution

It should be documented who conceived the concept, selected the outputs, edited them and shaped the final version. The legal assessment may depend on the type and scope of human contribution.

An AI tool should therefore not be viewed as automatic confirmation that the output is original, protected or safe for commercial use.

Common Mistakes Companies Make

Downloading photographs from Google search

Google finds photographs, but does not give permission for their use.

Copying texts from other websites

Changing a few words or the order of paragraphs does not necessarily remove the problem if the original expression of another author has been taken.

Using music in a promotional video

A subscription intended for private listening to music usually does not include its use in advertisements and business videos.

Assuming that payment brings all rights

A paid invoice proves that a service was performed, but it does not have to prove the transfer of rights needed for every future manner of use.

Imprecise contracts with agencies

It is also necessary to regulate rights in content created by the agency’s employees and subcontractors.

Using stock content outside the licence

A photograph permitted for use on a website does not have to be permitted for use on products that are sold.

Taking user and influencer posts

The fact that the company is tagged in a post does not mean that it may use the content in a paid advertisement.

Failure to keep documentation

Permissions, invoices, contracts, licences and relevant electronic correspondence should be kept so that the right of use can be proven.

What May Happen if a Company Infringes Copyright

An infringement may exist when a company uses a work without appropriate permission in a manner reserved for the author or another rights holder.

Depending on the circumstances, the rights holder may request:

• cessation and prohibition of further use
• removal of the disputed content
• establishment of the infringement
• damages
• removal or destruction of certain items
• publication of the judgment when statutory conditions are met
• information on persons involved in the infringement
• granting of an interim measure

The business consequences may be broader than the dispute itself. A campaign may be stopped, advertisements removed, an account restricted, and already printed material or packaging withdrawn from use.

How a Company Can Protect Its Own Content

A company should be able to prove not only that it paid for the content, but also that it has the rights necessary for its use and protection.

Useful measures include:

• precise contracts with employees, authors and agencies
• keeping original and working files
• records of authors and dates of creation
• keeping invoices, licences and consents
• regulated website terms of use
• internal procedures for acquiring and publishing content
• monitoring unauthorised use
• timely preservation of evidence of infringement
• contacting the user of the content or the relevant platform
• assessing the need for court protection

The © mark may warn that the company claims rights in the content, but by itself it does not create copyright or replace a contract and evidence of the origin of the work.

Depositing a copy of the work with the Intellectual Property Office is not a condition for the creation of copyright. It may have evidentiary value, but it does not represent final confirmation of authorship or a substitute for high-quality contractual documentation.

Checklist Before Publishing Content

Before publishing, the company should check:

• Who is the author of the content?
• Where does the content come from?
• Is there written permission or a licence?
• Is commercial use permitted?
• Are modifications permitted?
• Does the licence cover advertising?
• Are there time or territorial restrictions?
• Is it necessary to credit the author?
• Can the company prove how it acquired the rights?
• Does the content include rights of other persons?
• Are the rights regulated by a contract with an employee, freelancer or agency?
• Have the terms of the platform, stock service or AI tool been checked?

This check is particularly important before publishing larger campaigns, printing packaging, launching software on the market or using content in several countries.

When a Company Needs Legal Assistance

Legal review is particularly significant when the company:

• launches a new website or digital platform
• orders software development
• engages a marketing or creative agency
• invests a larger budget in an advertising campaign
• buys or sells a digital product
• concludes a contract with an author, developer or influencer
• plans to use content in foreign markets
• receives a claim for alleged rights infringement
• discovers that another company is using its content

Preventive regulation of rights is usually simpler than resolving a problem after a campaign has been published, a website launched or a product distributed.

JP Law provides legal support in reviewing and drafting contracts, regulating the transfer and assignment of economic copyright rights, assessing licences and protecting companies in cases of unauthorised use of content.

Copyright on the Internet Requires Checks, Not Assumptions

The greatest risk does not arise because companies intentionally want to infringe someone else’s rights, but because they assume that content is free as soon as it is available, paid for or created on their order.

Copyright on the internet does not depend on how easy it is to download a photograph, copy a text or transfer program code. What matters is who the author or other rights holder is, what permission has been obtained and whether its scope matches the company’s actual business needs.

Clear contracts, verified licences, preserved documentation and a simple internal procedure can prevent one photograph, song or imprecise contractual provision from turning into an expensive business dispute.

Frequently Asked Questions About Copyright on the Internet

May I use a photograph I found on Google?

The fact that a photograph appears in search results is not a sufficient basis for its use. It is necessary to find its source and check who the rights holder is and under which conditions the photograph may be used.

Is it enough to state the author and source?

No. Crediting the author does not replace permission to use the work. The company must have a legal basis for the specific manner of use.

Does a company acquire copyright when it pays a designer or photographer?

Not necessarily. Payment settles the agreed fee, but the scope of acquired rights depends on the law and the content of the contract.

Who has rights in content created by an employee?

The employee remains the author, while the employer’s rights depend on whether the work was created in the performance of employment duties, the type of work and the provisions of the employment contract or general act. A special regime applies to computer programs and databases.

Is content from social networks free to use?

No. Posting on a social network does not mean that the author has waived rights or given consent for use in advertisements and other commercial materials.

Can a company use AI-generated photographs and texts?

It may use them after checking the terms of the specific tool, possible third-party rights, confidentiality of entered data and the role of humans in creating the final content.

What should a company do when someone uses its content without permission?

It should first preserve evidence of the content and the manner of use, check the company’s rights, and then assess sending a cease-and-desist request, contacting the platform or initiating the appropriate procedure.

How long does copyright protection last?

As a general rule, economic copyright rights last for the life of the author and 70 years after the author’s death. For certain types of works and special situations, the law prescribes different rules.

Note: This text is for informational purposes and does not constitute legal advice for a specific case. Legal assessment depends on the type of content, contractual relationship, manner of use and other relevant circumstances.