Copyright, technology and online platforms in Poland
Copyright and technology law in Poland meet in every project that uses creative content, software, databases or an online platform model. Delivering a product does not by itself determine who may develop, distribute or commercialise it. Rights to source code, graphics, text, databases and branding should therefore reflect the actual chain of contributors and contracts.
Tomasz Piotr Chudzinski & Partners Law Firm advises creators, publishers, platform operators, software houses and businesses developing digital services. We draft and negotiate development agreements, copyright assignments, licences and platform terms. We also assess obligations arising from the Digital Services Act, the Platform-to-Business Regulation and the EU AI Act, and represent clients in disputes concerning rights, content, accounts and failed technology projects.
Describe your technology project or copyright issue
Who we assist
- software houses, SaaS providers and technology start-ups;
- online marketplaces, content platforms and service intermediaries;
- publishers, media businesses and production companies;
- authors, designers, photographers, film-makers and other creators;
- companies buying software, websites and digital products;
- brands using content supplied by agencies, contractors or employees;
- businesses implementing or supplying AI systems.
The scope depends on the stage of the project. An early review of a business model requires different work from negotiating an implementation agreement or handling a dispute after a failed deployment or unauthorised use of content.
Copyright and technology law in Poland: scope of advice
Ownership of content, source code and digital products
We trace the chain of rights from the individual creator to the entity commercialising the work. This can include source code, user interfaces, graphic design, articles, photographs, video, audio, databases and documentation. We examine employment, contractor and agency arrangements and identify any gaps in assignments or licences.
A clause stating that all rights are transferred may be insufficient under Polish law if it does not identify the relevant fields of exploitation or if it concerns rights that could not be transferred in the stated manner. We draft provisions that fit the product, its expected development and the parties’ real commercial roles.
Copyright assignments and licence agreements
We draft and negotiate exclusive and non-exclusive licences, assignments, sublicensing rules and arrangements for territorial or time-limited use. The agreement should address not only payment but also the permitted uses, modifications, further distribution, source materials, moral rights, warranties and third-party claims.
For international projects, we coordinate the Polish copyright requirements with the governing-law and jurisdiction provisions. We also review existing contracts before an acquisition, investment, rebranding or launch in a new market.
Software development, implementation and maintenance agreements
Technology contracts should define the product, milestones, acceptance tests, change-control process, security requirements, documentation and responsibility for delays or defects. They should also state who owns newly created components and how pre-existing code, open-source software and third-party services may be used.
We advise both suppliers and customers. In a developing dispute, we preserve the distinction between defects, incomplete scope, a change request and a failure by the other party to provide required cooperation. This makes the legal position consistent with the technical history of the project.
SaaS terms, online services and platform regulations
We prepare terms for subscription services, marketplaces, communication platforms and digital content products. The documents address account creation, access, payments, content rules, complaint procedures, suspension and termination, intellectual property, business-user rights and liability.
The public terms must match the product’s actual functions and operational procedures. A template copied from a different service may create obligations that the platform cannot perform or fail to address the risks created by the real business model.
Digital Services Act and platform obligations
We help identify the role performed by a service under the Digital Services Act and the obligations that follow from it. Depending on the model, the work may concern points of contact, notice-and-action mechanisms, statements of reasons, internal complaint handling, transparency and rules for content moderation.
Legal analysis should be combined with product and support processes. A policy that exists only on paper does not solve an operational compliance problem. We therefore translate legal requirements into decision paths, records and user communications that the organisation can actually apply.
Platform-to-Business rules and disputes with platforms
We advise online intermediation services and business users on terms, ranking transparency, restrictions, account suspension and termination. We examine whether the notice, justification and complaint route meet the applicable requirements and whether the contractual position supports further action.
We also represent businesses in disputes concerning blocked accounts, removed content, withheld payments or loss of access to a platform. The first task is to preserve messages, platform decisions, account history and evidence of the business impact.
AI systems, generated content and the AI Act
We assist companies using or supplying AI tools in identifying their contractual and regulatory position. The review may cover the role of provider or deployer, data and confidentiality, human oversight, output verification, information duties and allocation of responsibility between the customer and supplier.
Generated output may still raise copyright, image, privacy, consumer and reputational issues. The contract should explain what may be entered into the system, who may use the output and which checks are required before publication or a business decision.
Unauthorised use of content, brands and software
We assess suspected infringement, preserve evidence and prepare demands, platform notices or court claims. The strategy depends on ownership, the exact act of use, the identity of the user, the commercial effect and the remedy the client needs.
A dispute may concern removal of content, cessation of use, licence fees, disclosure of information, damages or an appropriate public statement. Where reputation is central, we coordinate the matter with our work on reputation protection and press law in Poland.
Disputes arising from technology projects
We act in disputes concerning delayed delivery, failed implementation, defects, acceptance, additional scope, source-code access, service levels and termination. The legal analysis is built around the technical chronology, contract documents, tickets, version history and decisions taken by both parties.
Where the project is business-critical, the immediate objective may be continued access, preservation of systems and data or a negotiated transition. Court proceedings are one possible route, but the operational position must be protected in parallel.
How we work on a digital project
1. Product and business model
We begin with the way the service earns revenue, the parties involved, the content and data flows and the markets in which it operates. Legal terminology follows the real product rather than replacing it.
2. Rights and regulatory map
We identify ownership of the relevant assets, the contractual chain and the rules that may apply to the service. We then separate essential launch issues from improvements that can be implemented in a planned second stage.
3. Documents and operational procedure
We draft the contract, licence, terms or policy and align it with product processes. When necessary, we prepare practical instructions for notices, complaints, account decisions and preservation of evidence.
4. Negotiation, implementation or dispute
We support negotiations and explain which risks are commercially material. If a dispute has already arisen, we define the evidence, immediate protective steps and the most suitable route to a solution.
Frequently asked questions
Does paying for software automatically transfer copyright?
No. Payment and delivery do not by themselves establish a complete transfer of copyright. The agreement, legal form and identified fields of exploitation must be reviewed, as must any pre-existing or third-party components.
Can a company use content created by a contractor?
That depends on the contract and the intended use. A company should verify whether it received an assignment or a licence, whether the permitted uses cover current plans and whether the creator used any third-party material.
Does every website need DSA procedures?
No. The Digital Services Act distinguishes different types of intermediary service. The role of the service, its functions and the applicable exemptions should be identified before procedures are designed.
Can a platform suspend a business account without warning?
The answer depends on the service, its terms, the reason for action and the regulations that apply. The platform’s notice, justification and available complaint route should be preserved and examined promptly.
Should an AI clause be added to every contract?
Not mechanically. The clause should reflect whether AI tools are actually used, what data they receive, who verifies output and how the resulting risks affect confidentiality, rights and performance.
Do you need advice on copyright and technology law in Poland?
Use the contact form to describe the product, parties, current stage, relevant contracts and the nearest deadline. After a conflict check, we will identify the documents required and the available scope of support.
