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Payment for the designs

In our practice, we use the principle of payment for the graphical designs, the value of which is compensated during implementation of the advertisement. Polish law protects authors of the designs with copyright protection act. Here is an example of appropriation of the design described by the website prawne.pl

Competitive company used our visualizations. These visualizations were made by our employ and were used by the competitive company without any changes. What steps should we undertake?

Solution of the problem

In accordance with the content of art 1 of the copyright and related rights act, the subject of copyright shall be any manifestation of creative activity of individual character, established in any form, regardless of the value, purpose and method of expression (piece of work). In particular, the subject of copyright includes the following pieces of works:

1)      expressed in words, mathematical symbols, graphic signs (literary, publishing, scientific, cartographic and computer programs);

2)     plastic;

3)  photographic;

4)  luthiery;

5)  industrial design;

6)  architectural, architectural-urban and urban;

7)  musical and verbal-musical;

8)  theatrical, theatrical-musical, choreographic and pantomime;

9)  audiovisual (including film).

It should be emphasized that the protection can cover only the manner of expression. Discoveries, notions, procedures, methods, principles of operation and mathematical conceptions are not covered by the protection. The piece of work is a subject of the copyright law from the moment of establishment, even if it has uncompleted form. The author is entitled to protection regardless of fulfilling any formalities.

            If the visualisation performed by specific entity meets the requirements for recognizing it as a piece of work, within the meaning of 1 copyright and related rights act, then its creator shall be entitled to protection resulting from the provisions of this act.

     In accordance with the content of art. 78 of the copyright and related rights act, the author whose moral rights have been endangered by actions of others, can request the cessation of such actions. In the case of carried out infringement, the author may demand from the person who committed the infringement to perform actions necessary to remove its effects, particularly to submit public statement of appropriate content and form. If the infringement was culpable, then the court may award an appropriate amount of money to the author as compensation for the suffered damage or – at the author’s request – to oblige the perpetrator to pay an appropriate amount of money to social purpose specified by the author.

According to art. 79, paragraph 1 of this act, the entitled persons, whose proprietary copyrights have been infringed, may demand from the person who infringed these rights:

  1)  to discontinue the infringement;

  2)  to remove the effects of infringement;

  3)  to repair the caused damage:

a)  on general principles or

b) by payment of a sum of money in the amount 

corresponding to twice the amount of appropriate remuneration, and if the infringement is culpable – 3x the amount of appropriate remuneration, which at the moment of its claiming would be payable in regard to granting the consent for using of the piece of work by the authorized persons;

  4)  return of achieved benefits.

     Independently of the claims referred to above, the authorized person may demand:

  1)  one-time or multiple publishing of the statements with appropriate content and in appropriate form in the press or making public a part or entirety of court’s ruling issued in regard to this case, in the manner and in the scope determined by the court;

  2)  paying of appropriate sum of money by the person who infringed the proprietary copyrights, not lower than twice the amount of probable benefits gained by person that committed the infringement, to the Fund referred to in art. 111, if the infringement is culpable and was performed in the scope of business activity carried out in the name of third party or his/her own name, even on someone else’s account.

The court may order the person who infringed the proprietary copyrights, at his/her request and with consent of the authorized person, if the infringement is not culpable, to pay an appropriate sum of money to the authorized person, if the discontinuation of infringement or removal of effects of the infringement would be disproportionately severe for the infringing person.

     The court, while ruling on infringement of the law, may rule at the authorized person’s request on the unlawfully manufactured items and resources and material used for their manufacture, particularly it may order to withdraw them from the market, to grant them to the authorized person as part of due compensation or to destroy them. While ruling on this, the court takes into account the seriousness of infringement and the interests of third persons.

Billboards by the roads

We’re often asked questions about how close by the road we can place the billboards or other carriers of promotional contents. This matter is regulated by many regulations, however generally, we can cite the table presented on the website of General Directorate for National Roads and Motorways (GDDKiA)

1. By motorway 30 m / built-up area; 50 m / outside the built-up area

2. Expressway 20 m / built-up area ; 40 m / outside the built-up area

3. National road 10 m / built-up area ; 25 m / outside the built-up area

4. Provincial and district road 8 m / built-up area; 20 m / outside the built-up area

5. Municipal road 6 m/ built-up area; 15 m / outside the built-up area 

Distances refer to the edge of the road. Built-up area is determined by this sign: 

Notification or permit

When installing advertisements on the objects, in which we run a business activity, we should have the consents of the owner or administrator of the building. In the case of tenement houses or multi-family buildings, you must request the consent of Housing Community Board. If the building is located in the city, the questions concerning the opinions must be addressed to the municipal visual artist or conservator of monuments, in the case of monuments or objects in the protection zone. In the scope of construction procedures, there are two types of arrangements with the relevant authorities: construction notification or construction permit. Both these procedures are regulated by the construction law and depending on the proceedings route, the appropriate procedure must be used.

Art. 29.

2. Construction permit is not required for the construction works consisting of:

6) installation of advertisement boards and advertisement devices, with the exception of those located on objects entered into the register of monuments within the meaning of provisions on the protection and care of monuments and with the exception of neon advertisements and illuminated advertisements, located outside the built-up area within the meaning of road traffic regulations;

Art. 30.

1. Notification to the relevant authority is required in the case of:

2) performance of construction works referred to in art. 29, paragraph 2, item 1, 4-6 and 9-13;

therefore, previously mentioned advertisement devices. Both procedures require necessary documents. Their preparation requires the work of a constructor, designer or persons with appropriate authorizations.

Materials for advertisements

We often hear questions about the material used in the production of advertisements. Their manufacture usually involves the use of plastics and aluminium. The plastics usually include Plexiglas or PVC board and their derivatives. Elements cut to the shape of e.g. spatial letters are combined with aluminium and this way, ready moulds are created. Nowadays, the Light-Emitting Diodes (LED) are used for illumination, which are durable and ergonomic. The source of light passes through a coloured Plexiglas and thus, we obtain the effect of illumination to the desired colour.