{"id":3992,"date":"2023-01-17T11:48:02","date_gmt":"2023-01-17T11:48:02","guid":{"rendered":"https:\/\/sawaryn.com\/?p=3992"},"modified":"2026-10-22T12:19:09","modified_gmt":"2026-10-22T12:19:09","slug":"copyright-law-it-industry-poland","status":"publish","type":"post","link":"https:\/\/sawaryn.com\/en\/publikacje\/copyright-law-it-industry-poland\/","title":{"rendered":"Copyright in the IT Industry: Key Information"},"content":{"rendered":"<p>If you run a software house, develop software or manage a team of developers, copyright affects you directly. Not understanding the rules for transferring rights to code can lead to a dispute with a client, <a href=\"https:\/\/sawaryn.com\/en\/?p=3935\"><strong>loss of control over a product<\/strong><\/a>, or an invalid agreement. Below are the key rules: what copyright in IT means, how to transfer it, when to choose a licence and when to transfer rights, and what an agreement with an employee or contractor must contain.<\/p>\n<hr \/>\n<h2>1. Economic and moral copyright: the basic distinction<\/h2>\n<p><a href=\"https:\/\/sawaryn.com\/en\/publikacje\/copyright-law-it-industry-poland\/\"><strong>Copyright<\/strong><\/a> defines the relationship between a creator and a work, such as code, an application or a piece of software. It regulates who may use a work, who earns money from it, and on what terms the rights may be transferred. Copyright is divided into two categories.<\/p>\n<h3>Economic rights<\/h3>\n<p>Economic rights are the commercial aspect of a work. They include the right to:<\/p>\n<ul>\n<li><strong>use the work<\/strong>, for example run, copy or modify code,<\/li>\n<li><strong>earn money from the work<\/strong>, for example by selling licences or commercialising software,<\/li>\n<li><strong>transfer the rights to another entity<\/strong> under an agreement.<\/li>\n<\/ul>\n<p>Economic rights are <strong>transferable<\/strong>: you may sell or transfer them, or grant a licence.<\/p>\n<h3>Moral rights<\/h3>\n<p>Moral rights protect the creator&#8217;s personal connection with the work. They include, among other things:<\/p>\n<ul>\n<li>the right to have the work identified with the author&#8217;s name and surname,<\/li>\n<li>the right to first make the work available to the public,<\/li>\n<li>the right to supervise how the work is used.<\/li>\n<\/ul>\n<p>Moral rights <strong>cannot be transferred<\/strong> and do not expire over time.<\/p>\n<h3>Why moral rights matter in IT<\/h3>\n<p>Although moral rights cannot be transferred, the creator may <strong>undertake not to exercise<\/strong> them. In practice, this means including a clause in the agreement under which the author agrees, for example, not to demand that code be identified with their name. Without such a clause, you risk a dispute about authorship of parts of the software.<\/p>\n<hr \/>\n<h2>2. Transferring economic rights: how to do it properly<\/h2>\n<p>A transfer of copyright means a full transfer of the economic rights to a work, such as code, an application module or an entire software product.<\/p>\n<h3>Formal requirements<\/h3>\n<ul>\n<li><strong>A written form is mandatory.<\/strong> An oral agreement, email correspondence or arrangements on Slack are not enough. An agreement that is not in writing is <strong>invalid by operation of law<\/strong>.<\/li>\n<li>The agreement must precisely specify the <strong>fields of exploitation<\/strong>, meaning the ways in which the acquirer may use the work.<\/li>\n<li>You must specify the <strong>remuneration for the transfer of rights<\/strong>.<\/li>\n<\/ul>\n<h3>What the acquirer obtains after a transfer<\/h3>\n<p>After signing a properly drafted agreement, the acquirer:<\/p>\n<ul>\n<li>uses the work as if they were its creator,<\/li>\n<li>may grant licences to other entities,<\/li>\n<li>may <a href=\"https:\/\/sawaryn.com\/en\/?p=3936\"><strong>transfer the rights to another person<\/strong><\/a>.<\/li>\n<\/ul>\n<hr \/>\n<h2>3. A licence: an alternative to transferring rights<\/h2>\n<p>A licence does not transfer rights. It only gives the right to use a work within an agreed scope. Copyright remains with the creator.<\/p>\n<h3>Exclusive and non-exclusive licences<\/h3>\n<table>\n<thead>\n<tr>\n<th>Feature<\/th>\n<th>Exclusive licence<\/th>\n<th>Non-exclusive licence<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Number of licensees<\/td>\n<td>One only<\/td>\n<td>Unlimited<\/td>\n<\/tr>\n<tr>\n<td>Form of agreement<\/td>\n<td><strong>Written, under pain of invalidity<\/strong><\/td>\n<td>Any form<\/td>\n<\/tr>\n<tr>\n<td>May the creator grant another licence?<\/td>\n<td>No<\/td>\n<td>Yes<\/td>\n<\/tr>\n<tr>\n<td>Right to grant sublicences<\/td>\n<td>Only if the agreement provides for it<\/td>\n<td>Only if the agreement provides for it<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<hr \/>\n<h2>4. Licence or transfer: a decision rule<\/h2>\n<p>The choice depends on your role in the project and what you plan to do with the work.<\/p>\n<h3>Choose a licence if:<\/h3>\n<ul>\n<li><strong>You create software<\/strong> and want to continue developing, modifying or making it available to multiple clients.<\/li>\n<li><strong>You are building a SaaS product<\/strong>: you grant each user a licence rather than transferring the rights.<\/li>\n<li>You want to retain control over the code and monetise it repeatedly.<\/li>\n<\/ul>\n<h3>Choose a transfer of rights if:<\/h3>\n<ul>\n<li><strong>You acquire code from a contractor<\/strong> and want to develop it as part of your own business.<\/li>\n<li><strong>The code is part of a larger project<\/strong> you are delivering to your client: after the transfer, you can grant the client a licence or transfer the rights onward.<\/li>\n<li>You need full freedom to dispose of the work without depending on its creator.<\/li>\n<\/ul>\n<h3>In either case, the agreement must include:<\/h3>\n<ol>\n<li>the exact scope of the rights transferred or the licence granted,<\/li>\n<li>the fields of exploitation, meaning the ways the work may be used,<\/li>\n<li>the remuneration terms,<\/li>\n<li>provisions concerning moral rights.<\/li>\n<\/ol>\n<hr \/>\n<h2>5. Copyright and the form of cooperation: employment, B2B, mandate or specific-work agreement<\/h2>\n<p>The rules for transferring copyright depend on the legal basis on which you work with the creator of the code. The following differences affect what you need to address in the agreement.<\/p>\n<h3>Employment agreement<\/h3>\n<ul>\n<li>The employer <strong>automatically acquires economic rights by operation of law<\/strong> if creating software is part of the employee&#8217;s duties.<\/li>\n<li>You do not need a separate agreement to transfer the rights.<\/li>\n<li><strong>Check that your employment agreement addresses:<\/strong>\n<ul>\n<li>a properly defined scope of duties that includes creating code,<\/li>\n<li>the scope of use of the work and the right to dispose of it,<\/li>\n<li>moral rights.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<blockquote><p>If the scope of duties does not expressly include creating software, automatic acquisition of the rights may not apply.<\/p><\/blockquote>\n<h3>B2B contract<\/h3>\n<ul>\n<li>Copyright <strong>does not transfer automatically<\/strong>. You must address it in the agreement.<\/li>\n<li>Include the following in the B2B agreement:\n<ol>\n<li>the contractor&#8217;s obligation to transfer copyright or grant a licence,<\/li>\n<li>when the rights transfer, for example upon acceptance, payment or delivery of the code,<\/li>\n<li>the fields of exploitation,<\/li>\n<li>the remuneration for transferring the rights,<\/li>\n<li>an undertaking not to exercise moral rights,<\/li>\n<li>the <a href=\"https:\/\/sawaryn.com\/en\/?p=3960\"><strong>contractor&#8217;s liability for legal defects<\/strong><\/a> in the work.<\/li>\n<\/ol>\n<\/li>\n<\/ul>\n<blockquote><p>The absence of a copyright transfer clause in a B2B agreement is one of the most common risks in IT projects. The contractor then retains the rights to the code they wrote for you.<\/p><\/blockquote>\n<h3>Specific-work and mandate agreements<\/h3>\n<ul>\n<li>As with B2B, <strong>the commissioning party does not acquire the rights automatically<\/strong>.<\/li>\n<li>The agreement must include provisions on transferring copyright or granting a licence.<\/li>\n<li>If you transfer rights or grant an exclusive licence, <strong>written form is mandatory<\/strong>.<\/li>\n<\/ul>\n<hr \/>\n<h2>6. Checklist: what to secure in every IT copyright agreement<\/h2>\n<p>Before signing an agreement with an employee, contractor or client, check these points:<\/p>\n<ul>\n<li><strong>Form of the agreement<\/strong>: written if you transfer rights or grant an exclusive licence.<\/li>\n<li><strong>Scope of rights<\/strong>: clearly state what you transfer or license.<\/li>\n<li><strong>Fields of exploitation<\/strong>: list specific ways the work may be used.<\/li>\n<li><strong>Time of transfer<\/strong>: define it and link it to a specific event, such as acceptance or payment.<\/li>\n<li><strong>Remuneration<\/strong>: specify remuneration for transferring the rights, not only for performing the service.<\/li>\n<li><strong>Moral rights<\/strong>: include a clause on the creator&#8217;s undertaking not to exercise them.<\/li>\n<li><strong>Scope of duties under an employment agreement<\/strong>: include creating software.<\/li>\n<li><strong>Liability for legal defects<\/strong>: the contractor warrants that the work does not infringe third-party rights.<\/li>\n<li><strong>Sublicensing or further transfer<\/strong>: specify whether the acquirer may pass the rights on.<\/li>\n<\/ul>\n<hr \/>\n<h2>Summary<\/h2>\n<p>Failing to regulate copyright in an agreement risks losing control of the code, a dispute over authorship and an invalid agreement. Three rules can protect your business:<\/p>\n<ol>\n<li><strong>Always address copyright in writing<\/strong>: an oral agreement is invalid for a transfer of rights or an exclusive licence.<\/li>\n<li><strong>Match the model, licence or transfer, to the business purpose<\/strong>: building a product for multiple clients? Choose a licence. Acquiring code for your own use? Transfer the rights.<\/li>\n<li><strong>Check the form of cooperation<\/strong>: under an employment agreement, rights transfer automatically if the scope of duties is properly defined. Under B2B, mandate and specific-work agreements, you must address this in the agreement.<\/li>\n<\/ol>\n<h2>Frequently asked questions<\/h2>\n<p><strong>What is the difference between a licence and a transfer of copyright in code?<\/strong> A transfer of copyright means a full transfer of the economic rights to the code: the acquirer may use it, grant licences to others and transfer the rights onward, as if they were its creator. A licence does not transfer rights. It only gives the right to use a work within an agreed scope, while copyright remains with the creator. The choice depends on your goal: if you acquire code outright and need full freedom, transfer the rights; if you want to retain control and monetise the code repeatedly, choose a licence.<\/p>\n<p><strong>Under a B2B agreement, does copyright in code transfer automatically to the commissioning party?<\/strong> No. Under a B2B contract, copyright does not transfer automatically: you must expressly address it in the agreement. The absence of a transfer clause is one of the most common risks in IT projects, because the contractor then retains the rights to the code they wrote for you.<\/p>\n<p><strong>What must an agreement include to transfer copyright in software effectively?<\/strong> The agreement must be in writing. Without written form, the transfer is invalid by operation of law. Also specify the fields of exploitation, meaning the specific ways the work may be used, the time of transfer linked to a specific event such as acceptance or payment, the remuneration for transferring the rights, and a clause under which the creator undertakes not to exercise moral rights. For work with a contractor, also include their liability for legal defects in the work, as a warranty that the code does not infringe third-party rights.<\/p>\n<p><strong>When is it better to grant a licence than transfer copyright in a SaaS model?<\/strong> If you are building a SaaS product, choose a licence: you grant each user the right to use the software while copyright remains with you. This lets you retain control over the code, continue developing and modifying it, and monetise it repeatedly by making it available to multiple clients at the same time.<\/p>\n<p><strong>Under an employment agreement, does the employer automatically acquire copyright in an employee&#8217;s code?<\/strong> Yes. The employer acquires economic rights by operation of law, but only if creating software is part of the employee&#8217;s duties. If the employment agreement does not expressly include creating code in the scope of duties, automatic acquisition may not apply. Check that the agreement defines those duties precisely and also addresses use of the work and moral rights.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There is no denying that the IT industry has developed more than any other in recent years. It is therefore no surprise that more and more young people are choosing careers in this field.<\/p>\n","protected":false},"author":10,"featured_media":3789,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":"","sip_alt_url":"","sip_en_pl_url":"","sip_pair_uuid":"","sip_pair_state":""},"categories":[1577],"tags":[1538,1543],"specialization":[1211],"practice_area":[],"class_list":["post-3992","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-it-ai-ip-law","tag-copyright-law","tag-it-ai-and-ip-law","specialization-it-ai-ip-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/posts\/3992","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/comments?post=3992"}],"version-history":[{"count":1,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/posts\/3992\/revisions"}],"predecessor-version":[{"id":4055,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/posts\/3992\/revisions\/4055"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/media\/3789"}],"wp:attachment":[{"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/media?parent=3992"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/categories?post=3992"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/tags?post=3992"},{"taxonomy":"specialization","embeddable":true,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/specialization?post=3992"},{"taxonomy":"practice_area","embeddable":true,"href":"https:\/\/sawaryn.com\/en\/wp-json\/wp\/v2\/practice_area?post=3992"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}