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Copyright Infringement

What is Copyright Infringement

Copyright infringement occurs when a third party uses a work without the consent of the right holder or beyond the scope of the granted license. In business operations, copyright infringement most often concerns software, content published on the internet, multimedia materials, and elements of digital products used in business processes, marketing, or online services.

In practice, online copyright infringement includes, among others, the publication of content without the creator’s consent, the use of graphics or materials on online platforms, and the distribution of works on digital platforms and social media, including video services (e.g., YouTube copyright infringement).

Copyright Infringement in Business Operations

In commercial transactions, copyright infringement is most often associated with the use of someone else’s works or digital solutions in a company’s operational activities or in products offered on the market. This applies in particular to:

  • using software or components without a license,
  • using code or functionalities in competing solutions,
  • using graphics, content, or marketing materials without consent,
  • publishing copyright-infringing content on the internet,
  • using databases, documentation, or digital materials,
  • distributing content on internet platforms and video services.

Copyright infringement in business activities may simultaneously constitute a violation of intellectual property rights and meet the criteria for an action to be recognized as an act of unfair competition, which increases the legal and financial risk of the enterprise.

Copyright Infringement and Intellectual Property Rights

Cases involving copyright infringement require an assessment of the scope of the work’s protection, economic rights, and the manner in which the work is used by a third party in business operations. Depending on the facts, it is possible to pursue claims for copyright infringement or violation of intellectual property rights, including rights to software, digital content, and materials published on the internet.

We handle cases for enterprises regarding copyright infringement and intellectual property rights violations, providing support at both the pre-litigation and litigation stages.

Copyright Infringement in Artificial Intelligence (AI) Projects

The development of artificial intelligence systems has introduced new areas of copyright infringement risk in the operations of technology companies and entities utilizing AI in digital products and services. Disputes increasingly concern the use of someone else’s works or data in the process of training AI models, as well as the similarity of outputs generated by AI systems to protected content.

Copyright infringement in AI projects may specifically concern:

  • the use of protected data, content, or materials in training datasets,
  • the use of code fragments or repositories in AI models and tools,
  • the generation of content, graphics, or materials similar to protected works,
  • the use of AI models or outputs in digital products without a legal basis,
  • the violation of licenses for data, models, or components used in AI systems.

Cases concerning copyright infringement in the field of artificial intelligence require an assessment of liability by the parties involved in the process of creating, implementing, and commercially utilizing AI systems.

How We Help in Copyright Infringement Cases

We provide legal support to enterprises in copyright infringement cases, particularly in the context of software, digital products, online content, and AI solutions used in business activities.

As part of our services, we:

  • perform an assessment of copyright infringement in the enterprise’s operations,
  • prepare cease and desist letters and protect rights in commercial relations,
  • take actions aimed at removing copyright-infringing content from the internet and the digital environment,
  • pursue claims for copyright infringement in commercial transactions,
  • represent enterprises in court disputes over copyright infringement,
  • handle cases concerning copyright infringement in the internet, media, software, and digital products.

Paulina Meller-Kmiecik How can we help?