Imagine this: your format takes off. A streaming platform wants to acquire it for three markets. You sit down to negotiate and discover you cannot prove that you own the rights to your own project. The director\u2019s script? An oral agreement. The music? A friend made it as a favor. The artwork? A freelancer abroad. A seven-figure deal falls apart because three contracts are missing.<\/p>\n
This is not an abstract scenario. Projects at the intersection of media, gaming and events involve many creative contributions: scripts, graphics, music, influencer likenesses and user-generated content. Each creates separate copyright. Without written agreements, the rights stay with the creator<\/strong>, even if you paid for the work. An unclear rights structure can block commercialization, including sales, licensing and distribution on VOD platforms.<\/p>\n This article provides an IP survival kit<\/strong> to help secure rights to an entertainment project before legal uncertainty blocks revenue. It explains what to sign, with whom and in what order.<\/p>\n Before getting into the details, it helps to clarify terms that come up in creative-project IP discussions.<\/p>\n Many entertainment founders assume that their format, meaning a program concept, narrative structure or set of distinctive features, is automatically protected by copyright. That is a mistake.<\/p>\n Article 1(2\u00b9) of the Polish Copyright Act expressly protects only the form of expression<\/strong>, not ideas, procedures, methods or concepts. A general idea for a TV program, game or event is not protected until expressed in a specific, individualized work.<\/p>\n The Warsaw Court of Appeal confirmed this in its judgment of 30 July 2018 (VI ACa 531\/16), the widely discussed Polish decision that directly addressed TV formats. The court held that:<\/p>\n The claim was dismissed because there was no evidence that a specific form of expression, rather than merely the subject matter, had been copied.<\/p>\n What this means for your project:<\/strong><\/p>\n The Supreme Court has not issued a judgment or resolution that comprehensively decides whether a format as such is protected by copyright. Relying only on copyright to protect a format is therefore risky. Use a combination of agreements, trade-secret protection and trademark registration.<\/p>\n Copyright protection arises automatically, without registration or filing. A work is protected if it has an individual, creative character and is fixed in any form. Even an unfinished script, preliminary graphic or musical sketch may qualify.<\/p>\n This means every freelancer, creator or collaborator automatically acquires rights to their own contribution<\/strong>, even if the parties do not realize it.<\/p>\n Polish law has no \u201cwork for hire\u201d doctrine under which an employer or client is the original copyright owner of work created during the engagement. In Poland, the creator is always the original owner<\/strong> of economic rights under Article 1(1) of the Copyright Act. Each transfer must be express, in writing and cover specific fields of exploitation.<\/p>\n The exception applies only to employees under employment contracts<\/strong>. Under Article 74 of the Copyright Act, economic rights to a work created as part of an employee\u2019s duties belong to the employer if the employment agreement expressly provides for it. This exception does not cover freelancers under B2B agreements<\/a> or contractors under contracts for specific work.<\/p>\n If your project is international, through overseas licensing, foreign partners or distribution on global platforms, understand the differences between legal systems.<\/p>\n Practical consequence: an agreement with a Polish creator that does not meet Polish-law requirements, for example, it is not written or does not specify fields of exploitation, does not transfer the rights<\/strong>, regardless of what the law of your business partner\u2019s country provides.<\/p>\n A complex creative project contains several layers of rights:<\/p>\n Failing to distinguish these layers and address each contractually may leave you unsure which rights you hold.<\/p>\nKey terms you need to know<\/h2>\n
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\n \nTerm<\/th>\n Meaning<\/th>\n<\/tr>\n<\/thead>\n \n Economic copyright<\/strong><\/td>\n Rights to use and dispose of a work. They may be transferred or licensed. Without acquiring them, you cannot lawfully distribute or monetize another person\u2019s creative contribution.<\/td>\n<\/tr>\n \n Moral rights<\/strong><\/td>\n The creator\u2019s rights to authorship, integrity of the work, deciding on first publication and authorial supervision. They are inalienable<\/strong> and cannot be purchased. A creator may only undertake not to exercise them within a defined scope.<\/td>\n<\/tr>\n \n Fields of exploitation<\/strong><\/td>\n Distinct ways of using a work, such as streaming, television broadcasting, reproduction or public performance. They are a required element of copyright agreements; without specifying them, an agreement is defective.<\/td>\n<\/tr>\n \n Chain of title<\/strong><\/td>\n Documentation showing who owns rights to every component of a production and how those rights were acquired. Streaming platforms require a complete chain of title before signing a distribution agreement.<\/td>\n<\/tr>\n \n Audiovisual work<\/strong><\/td>\n A film, series or program, treated as one work made up of creative contributions such as script, music, cinematography and editing. Article 70 of the Polish Copyright Act governs the producer\u2019s relationship with co-creators.<\/td>\n<\/tr>\n \n Assignment versus license<\/strong><\/td>\n An assignment permanently transfers economic rights. A license permits use within a defined scope and period. The choice determines how much control over IP you retain.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Why a TV format is not protected by itself<\/h2>\n
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\n \nProject element<\/th>\n Protected?<\/th>\n How to protect it<\/th>\n<\/tr>\n<\/thead>\n \n General format concept<\/td>\n No<\/td>\n Protect it as a trade secret under Article 11 of the Unfair Competition Act, which requires steps to maintain confidentiality.<\/td>\n<\/tr>\n \n Script and dialogue<\/td>\n Yes<\/td>\n Written agreement transferring rights for all fields of exploitation.<\/td>\n<\/tr>\n \n Music, composition and recording<\/td>\n Yes<\/td>\n Separate agreements with the composer and performers.<\/td>\n<\/tr>\n \n Graphics and visual identity<\/td>\n Yes<\/td>\n Agreement with the designer or studio, with an assignment or exclusive license.<\/td>\n<\/tr>\n \n Format or event name<\/td>\n Conditionally<\/td>\n Register a trademark with the Polish Patent Office.<\/td>\n<\/tr>\n \n Production know-how<\/td>\n Not under copyright<\/td>\n Trade-secret protections and NDAs with the team and partners.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Who owns the IP in your project, and why the answer may surprise you<\/h2>\n
No written agreement means the rights stay with the creator<\/h3>\n
Comparing models: Poland, the United States and other EU countries<\/h3>\n
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\n \nCriterion<\/th>\n Poland<\/th>\n United States<\/th>\n Germany<\/th>\n<\/tr>\n<\/thead>\n \n Original owner of rights<\/td>\n Always the creator, a natural person<\/td>\n Employer\/client under the work-for-hire model<\/td>\n Creator<\/td>\n<\/tr>\n \n Do rights transfer automatically to a client?<\/td>\n No, a written agreement is required<\/td>\n Yes, if work-for-hire conditions are met<\/td>\n No, but the employer acquires usage rights to employee works<\/td>\n<\/tr>\n \n Moral rights<\/td>\n Inalienable<\/td>\n No federal protection; depends on state law<\/td>\n Inalienable<\/td>\n<\/tr>\n \n Form of transfer agreement<\/td>\n Written, or the transfer is void<\/td>\n Written for work-for-hire category 2<\/td>\n Written<\/td>\n<\/tr>\n \n Term of protection<\/td>\n 70 years after the creator\u2019s death<\/td>\n 95 years after publication for work-for-hire, or 70 years after the creator\u2019s death<\/td>\n 70 years after the creator\u2019s death<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n Layered rights in an entertainment project<\/h3>\n
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