The author enjoys moral and economic rights in relation to their copyrighted work from the moment the work is created. It is presumed that the author suffers material damage in the case of infringement of economic rights, and non-material damage in the case of infringement of moral rights. The author has the right to file a lawsuit to protect their copyright. Copyright infringement occurs through the unauthorized performance of any act covered by the exclusive rights of the copyright holder, failure to pay remuneration prescribed by law or contract, or failure to fulfill other obligations toward the copyright holder.
In the event of a copyright infringement or a serious threat of such infringement, the author or copyright holder may file a lawsuit against the person committing the infringement.
A copyright infringement lawsuit may seek:
- a determination of the infringement or a serious threat of infringement of the right;
- prohibition of actions that infringe the right or pose a serious threat of such infringement, as well as prohibition of repetition of such or similar actions under the threat of paying appropriate monetary compensation to the plaintiff;
- compensation for material and non-material damage;
- removal from circulation, seizure or destruction, or alteration without compensation, of items used in the infringement of the right, including copies of the protected subject matter, packaging, molds, negatives, etc.;
- prohibition of disposal, seizure or destruction, without compensation, of materials and objects predominantly used in the creation or production of items infringing the right;
- publication of the court judgment at the defendant’s expense; and
- disclosure of information about third parties involved in the infringement.
Proceedings in copyright and related rights infringement cases are urgent. During the proceedings, the plaintiff may propose the issuance of a preliminary injunction if it is likely that their copyright has been or will be infringed. If the injunction is issued before initiating a lawsuit or other legal proceeding, the lawsuit or motion to initiate the proceeding must be filed within 30 days from the date the injunction was issued. Otherwise, the injunction proceedings will be terminated.
Protection of Related Rights
All provisions applicable to the protection of copyright also apply accordingly to the protection of related rights.