Copyright is increasingly becoming a central issue in business, as it represents the fundamental protection of creative and intellectual work. For companies, startups, and entrepreneurs, these rights are not just an abstract legal category but a practical mechanism for preserving value and preventing misuse.
Properly managed copyright provides legal security — it allows companies to freely use their software, marketing materials, databases, or design solutions without legal obstacles. This helps avoid unnecessary disputes and creates a stable foundation for growth and collaboration with clients and partners. At the same time, copyright protection shields businesses from misuse: the most common infringements occur through unauthorized software use, copying of photos and texts, plagiarism of online content, or appropriation of logos and other visual identities.
Beyond legal security, copyright protection also increases a company’s market value. In practice, registered works and properly structured contracts often represent valuable assets during negotiations with investors or business partners. In some cases, they can even provide tax benefits, further emphasizing the importance of legal protection for business growth and development.
For all these reasons, it is clear that copyright is not only a legal obligation but also a strategic tool for any company or startup that wants to protect its brand, reputation, and long-term competitive advantage.
What is copyright?
Copyright represents a set of legal norms that protect original works in the fields of literature, science, art, software solutions, and other creative achievements. According to the Law on Copyright and Related Rights in Serbia, a copyrighted work is created by the very act of its creation, regardless of its artistic or commercial value, as well as whether the work has been published or not.
Copyright gives the author control over how their work is used, as well as the possibility to derive economic benefits from their creative activity. In this sense, it is divided into two main categories:
Moral rights
Moral rights are tied to the author’s personality and cannot be transferred to others. They include the author’s right to be recognized and identified as the creator of the work, the right to protect the integrity of the work (to prevent it from being altered or used in a way that would harm the author’s honor or reputation), as well as the right to decide whether the work will be published. These rights last forever and end only with the author’s death, after which they do not pass to heirs.
Economic rights
Economic rights allow the author to use their work for economic purposes — to reproduce it, distribute it, publish it, publicly display it, or grant usage rights to others. Unlike moral rights, economic rights can be transferred to third parties by contract, either in full or in part, and they form the basis for business transactions and commercial exploitation of the work. These rights last for the author’s lifetime and 70 years after their death, allowing the author’s heirs to continue earning income from the work.
In this way, copyright strikes a balance between the author’s personal interest in maintaining a connection with their work and the economic interest of benefiting materially from it.
Copyright protection in the business environment
In the practice of companies and startups, copyright most commonly comes into play through software, databases, marketing materials, and design solutions. Each of these works carries significant business value, which makes clear regulation and protection essential for smooth operations and avoiding disputes.
Software and databases – According to the Law on Copyright and Related Rights, computer programs and databases enjoy full copyright protection. This means that their unauthorized copying, reproduction, or distribution constitutes a violation of rights. For IT companies and startups, this is crucial because software solutions often represent the core of the business model and the main source of revenue.
Marketing and creative content – Photographs, texts, videos, and logos are all copyrighted works that are used daily in business. Using them without the author’s permission or an appropriate license can lead to corporate liability, including damage compensation. This is why companies must pay close attention to the origin of the content they use in marketing and promotion.
Employer–employee relationship – A particularly important aspect in the business environment is determining who holds the copyright to works created in the course of employment. The law stipulates that the economic rights to a work created during employment, within the scope of the employee’s duties and using the employer’s resources, belong to the employer unless otherwise stated by contract. Moral rights, however, always remain with the author. Clearly defining these matters in contracts reduces the risk of misunderstandings and future legal disputes.
By doing so, companies and startups can secure control over their key resources while respecting authors’ rights and avoiding unnecessary legal consequences.
Copyright contracts
In business practice, copyrighted works are often used, transferred, or licensed to third parties. To avoid misunderstandings and ensure legal security, it is essential to clearly regulate rights and obligations through contracts.
Copyright transfer agreement – Through this contract, the author fully transfers their economic rights to another party. As a result, the new holder becomes the owner of the rights and gains full control over the use of the work. The transfer must be explicitly stated and usually includes compensation for the author.
License agreement – Unlike a transfer, a license grants another party permission to use the work under specific conditions, while the author retains their rights. A license can be exclusive (granted to only one user) or non-exclusive (granted to multiple users). In practice, licenses are commonly used for software, design, and musical works.
Commissioned work agreement – With this type of contract, a client commissions an author to create a specific work (e.g., a logo, website, or promotional video). Upon completion, the author retains moral rights, while economic rights are transferred or licensed according to the terms of the contract.
Securing exclusive rights – Companies and employers often aim to obtain exclusive rights to works created by their employees or external collaborators. This is achieved through clearly defined contracts specifying that all economic rights are transferred to the employer or client. In this way, the company ensures full control and avoids the risk of the same rights being granted to multiple users.
Properly drafted contracts are a fundamental protection measure, as they define all aspects of copyright use in advance and prevent potential legal disputes.
Registration of copyrighted works
In Serbia, a copyrighted work is protected from the moment it is created, and formal registration is not required. However, registering or depositing a work with the Intellectual Property Office offers significant advantages, especially in a business context.
Depositing a copyrighted work – The author or rights holder may deposit their work with the Intellectual Property Office, thereby obtaining official confirmation of the date of submission and the content of the work. This procedure does not create rights but serves as evidence of the existence and content of the work at a specific point in time.
Proving authorship in case of dispute – In legal proceedings, a registered work serves as strong evidence of authorship and the time of creation. In cases of plagiarism or misuse, this can be a decisive factor in protecting the interests of the author or company.
Advantages of registration for companies – For businesses, particularly in the IT sector and creative industries, registration provides additional legal security and facilitates business transactions. Registered works can be used in commercial agreements, valued as intangible assets, or included in company capital. In some cases, they may also bring tax benefits through the so-called IP Box regime, which encourages innovation and investment in creative work.
Although registration is not mandatory, in practice it is an important step for companies and entrepreneurs who want to maintain full control over their copyrighted works and use them as valuable business assets.
Copyright infringement and protection
Copyright infringement occurs when a work is used without the author’s or rights holder’s consent, in a way that exceeds the limits of legally permitted use. In a business environment, such situations are common and can cause serious reputational and financial damage to a company.
Most common types of infringement – In practice, infringements most often occur through unauthorized software use (pirated copies of programs), downloading and publishing someone else’s online content without permission, plagiarism of academic and professional works, and using photographs, designs, or logos without a license.
Copyright lawsuit – When an infringement occurs, the author or rights holder may initiate legal proceedings. A lawsuit can seek a determination of infringement, a ban on further use of the work, seizure of unlawfully made copies, and compensation for damages. In some cases, the claimant may also request the publication of the judgment to protect the reputation of the author or company.
Court practice – Serbian courts are increasingly handling copyright infringement cases, and practice shows that they are particularly strict when it comes to the commercial exploitation of someone else’s works. This sends a clear message that unauthorized use of copyrighted material can have serious consequences, including significant financial penalties.
Protection measures – Copyright protection in such situations involves not only legal actions but also preventive measures — such as clearly defined contracts, licenses, and internal rules for the use of copyrighted works within the company.
Copyright protection on the internet and in digital business
The digital environment has created new opportunities for content creation and distribution, but at the same time, it has increased the risk of copyright infringement. In online business, proper protection of copyrighted works is crucial for preserving reputation and avoiding legal consequences.
Digital works and AI-generated content – An increasing number of companies use software solutions, applications, and even artificial intelligence to generate content. While AI can produce text, photos, or designs, the question arises as to who holds the rights to such works. Under current Serbian law, copyright protection applies only to human creators. AI-generated materials can be used based on contracts or licenses, but they do not have the status of copyrighted works.
Software solutions – Protecting software on the internet is especially important because pirated copies and unauthorized distributions can spread easily. IT companies must pay close attention to licensing agreements and implement technical protection measures to prevent illegal use.
Stock photos and Creative Commons licenses – In marketing and digital campaigns, companies often use photos and videos found online. However, using such materials without the proper license constitutes copyright infringement. Creative Commons licenses allow certain forms of free use, but always under clearly defined conditions (e.g., mandatory attribution of the author). Therefore, businesses must clearly distinguish between content that is free for commercial use and content that requires a paid license.
Digital business offers enormous opportunities, but it also carries responsibility. Only clearly defined contracts and careful selection of content sources can ensure legal security and protect companies from copyright risks.
How long does copyright last and who holds the rights?
The duration of copyright protection varies depending on whether it concerns moral rights or economic (property) rights, which also determines who can use and transfer them.
Moral rights – These are tied exclusively to the author’s personality and cannot be transferred to other persons. They protect the connection between the author and their work, ensuring the right to authorship, the integrity of the work, and the right to decide on its publication. Moral rights last for the author’s lifetime and expire upon their death, without the possibility of being transferred to heirs.
Economic rights – Unlike moral rights, economic rights have a limited duration but can be transferred and inherited. The author has the right to use the work and to grant it to others through contracts, enabling its commercial exploitation. In Serbia, economic rights last for the author’s lifetime and 70 years after their death. After this period, the work enters the public domain and can be freely used by anyone, provided that moral rights are respected.
Inherited and transferable rights in business transactions – Economic rights are transferred to the author’s heirs or to legal entities to which they were contractually assigned. In business practice, this is important because companies can acquire economic rights to the works of their employees or collaborators and use them in accordance with contracts. This ensures business continuity and protects the company’s interests even after the author’s death.
In this way, the law strikes a balance between the personal protection of authors and the need for creative works to become accessible to society after the protection period expires.
Conclusion
Copyright protection in business is not just a formality — it is a key measure for safeguarding the assets and reputation of every company, startup, or entrepreneur. Software, marketing content, photographs, designs, and logos form the core of a brand, which makes their legal security just as important as the protection of physical resources.
However, the complexity of regulations and the variety of situations in which copyright infringements can occur require professional guidance throughout the entire process. Engaging a copyright lawyer brings multiple benefits: from properly structuring contractual relationships with employees and collaborators, to registering and depositing works, and representing the company in cases of infringement. In this way, businesses protect themselves from unnecessary disputes and financial losses while ensuring stable growth and security of their investments.
For anyone aiming to build a long-term brand and operate without legal uncertainty, timely engagement of legal experts is not an expense — it is an investment in the security and value of the business.
FAQ – Frequently Asked Questions About Copyright Protection
What does copyright protection in Serbia cover?
Protection applies to original works in the fields of literature, art, science, software, databases, photography, music, design, and other creative content. The author has the right to decide how their work will be used and to gain economic benefit from it.
Is copyright registration mandatory?
No, registration is not mandatory because a work is protected from the moment it is created. However, registering or depositing the work with the Intellectual Property Office provides additional security and serves as strong evidence in case of a legal dispute.
What is the difference between moral and economic (property) rights?
Moral rights are personal, non-transferable, and last for the author’s lifetime — the author always retains the right to authorship and the integrity of the work. Economic rights allow for the commercial exploitation of the work, can be transferred, and last for 70 years after the author’s death.
How can companies protect software and IT solutions?
Protection is achieved through copyright, licensing agreements, and software registration. It is also important to regulate the relationship between employer and employees who develop software through clear contracts.
Who owns copyright to works created in an employment relationship — the employer or the employee?
Economic rights typically belong to the employer if the work was created as part of the employee’s job responsibilities, while moral rights always remain with the author.
How long does copyright protection last?
Economic rights last for the author’s lifetime and 70 years after their death. Moral rights are tied to the author’s personality and expire upon their death.
What should be done in case of copyright infringement?
It is necessary to contact a copyright lawyer, who can initiate legal proceedings to stop the infringement, claim damages, and apply other legal protection measures.
How much does copyright registration cost in Serbia?
The costs depend on the type of work and the number of applications. In addition to basic fees, companies often hire a lawyer to ensure that the registration process is carried out correctly and without legal risks.
How can a company protect its interests regarding copyrighted works through contracts?
Properly drafted copyright transfer, licensing, or commissioned work agreements clearly define who holds the economic rights, how the work may be used, and under what conditions.
When should a copyright lawyer be hired?
It is recommended to involve a lawyer at all key stages — when drafting contracts, registering works, and especially in cases of infringement. Their expertise ensures full protection and minimizes the risk of disputes.