Violation of Intellectual Property Rights on the Internet (Articles 115 – 123 of the Copyright Act)
In the digital era, where access to content on the Internet is almost limitless, the violation of intellectual property rights has become one of the most commonly committed crimes. Representatives of the creative industry, including artists, writers, photographers, and programmers, are grappling with the issue of their works being stolen online. Intellectual property infringement on the Internet is a topic that concerns both individuals and businesses, which is why it is important to understand what actions may violate the law in this regard and what legal consequences are associated with such actions.
What are Intellectual Property Rights?
Intellectual property rights encompass all rights related to intellectual creation, including copyrights and related rights. In Polish law, these matters are mainly regulated by the Copyright and Related Rights Act. Copyrights protect literary, artistic, musical, film, computer, and other works that are the result of human creative activity.
These rights grant creators exclusive rights to manage and use their works. Therefore, any unauthorized copying, distribution, sharing, or modification of works without the creator’s consent constitutes a violation of their rights.
Violation of Copyrights on the Internet
On the Internet, violations of copyright are particularly common because the network provides users with easy access to content that can be copied and shared with just a few clicks. The most frequent violations occur in cases such as:
- Illegal file sharing – This includes pirated copies of films, music, books, computer programs, and games that are shared online, for example, on file-sharing services or torrent platforms.
- Copying content from the Internet without the author’s consent – A common situation is downloading articles, photos, graphics, or videos from the Internet and using them on personal websites, blogs, or social media without securing the appropriate rights to these materials.
- Illegal use of software – It is very easy to find illegal copies of software online. Installing or distributing such copies is a serious violation of copyright.
- Plagiarism – This refers to the unauthorized appropriation of someone else’s work, which often occurs in academic environments, but also in blogging and professional creative fields.
Legal Provisions – Articles 115 – 123 of the Copyright Act
According to the Polish Copyright and Related Rights Act, violations of intellectual property rights on the Internet are treated very seriously.
- Article 115. Liability for Violating Copyrights
Article 115 states that any person who violates copyright for financial gain may be fined, given a restriction of liberty, or imprisoned for up to 3 years. Thus, illegal use of works on the Internet for profit is associated with serious consequences.
- Article 116. Violation of Copyrights in Business Activities
In cases where copyright violations occur in business activities (e.g., selling illegal copies of software or books), the perpetrator may face imprisonment for up to 5 years. Additionally, the court may order the confiscation of items used to commit the crime.
- Article 117. Civil Liability
In addition to criminal liability, a person who violates copyright may be required to compensate the owner for the damages caused. This may include payment for actual losses and profits gained by the perpetrator through illegal activities. Furthermore, the court may order the removal of the effects of the violation, such as the removal of illegal content from the Internet.
- Article 118. Protection of the Right to a Work
Copyright protects the creator against violations of the integrity of their work. This includes prohibiting unauthorized processing, modification, or removal of any part of the work, which is a common issue when content is distributed on the Internet.
- Article 120. Protection of Works on the Internet
The law also indicates that works distributed on the Internet are protected in the same way as those published in other forms. Any form of online sharing that violates the author’s rights may be considered a crime, and the person responsible for this will face legal consequences.
Consequences of Violating Copyright on the Internet
Violating intellectual property rights on the Internet carries serious consequences. A person who illegally uses someone else’s work may be held liable both civilly and criminally, or face both types of responsibility. In practice, this means:
- Fine – A person who violates copyright may be fined. In the case of business activities, this fine can be very high.
- Criminal liability – In cases of serious violations, the perpetrator may be imprisoned, especially if the action was intended to gain material benefits from the illegal distribution of works.
- Ban on activity – In some cases, the court may prohibit activities related to the distribution of illegal content.
How to Avoid Violating Copyright on the Internet?
To avoid violating copyright on the Internet, it is important to follow these rules:
- Buy legally – Always ensure that you are using content from legal sources.
- Get the author’s consent – If you plan to use someone else’s works, always ask the author or rights holder for permission.
- Create your own content – If you are creating content online, make sure it is original and does not infringe on others’ rights.
- Respect licenses – If you use licensed materials, make sure you comply with all the terms of the license.
Summary
Violating copyright on the Internet is a serious crime that can lead to severe legal consequences. With the provisions of the Copyright and Related Rights Act, creators can protect their works from illegal use on the web. It is crucial to understand the regulations and respect the rights of others in order not to become part of the illegal distribution of content on the Internet.
As of: March 22, 2022
Cyberlaw by Judyta 