Identify every protected element
Campaigns may combine copy, graphics, photography, music, video, code, fonts, stock assets, designs and performances. Each component can have a different rights holder and licence.
Employees and freelancers are different
Polish rules concerning employee works do not apply automatically to every B2B creator. Freelancer and subcontractor agreements should expressly regulate assignment or licence, remuneration, permitted uses and delivery of source materials.
Assignment or licence
How the issue appears in practice
Hypothetical example: the client receives more rights than the agency owns
An agency promises unlimited worldwide rights, but the photographer’s licence covers online use in Poland for one year. The inconsistency is discovered when the client reuses the image in an international campaign.
Derivative works and modifications
Address adaptations, localisation, editing and exercise of derivative rights. Moral rights are not transferred, so obtain appropriate undertakings concerning their exercise rather than describing them as sold.
Image, music and third-party assets
Copyright does not replace consent to use a person’s image or the contractual restrictions attached to stock, fonts, platforms and music. Verify campaign media, territory and duration before acquisition.
Client materials and instructions
Require the client to identify and warrant rights to materials it supplies, while keeping the agency responsible for assets it selects. This allocation should match actual control.
Handover and evidence
Keep signed creator agreements, licence receipts and consent records linked to each project. Define whether the client receives editable files and what portfolio use the agency retains.
Legal basis
- Polish Copyright and Related Rights Act of 4 February 1994
- Polish Entrepreneurs' Law of 6 March 2018
- Polish Act of 6 March 2018 on participation of foreign entrepreneurs and other foreign persons in economic activity in Poland
This article provides general information and does not constitute legal advice for a specific matter. The appropriate solution depends on the facts, documents and business objective.
Summary
The agency needs a documented rights chain for each material and a client grant that does not exceed those rights. Written form, fields of exploitation and third-party restrictions deserve particular care under Polish law.