Intellectual property on the internet 

• What can be intellectual property on the internet?
• Copyright and social networks
• Specifics of copyright on the Internet
• Intellectual property protection on the internet

The proper use of intellectual property on the internet is a fundamental challenge that becomes more complex with each passing year. 

The global and decentralized nature of the web makes control over copyrighted works, trademarks, and patents extremely difficult, and the speed at which content is shared and modified often outpaces legislative mechanisms. The digital environment creates an illusion of anonymity and general accessibility, which encourages the unauthorized use of other people's work.

Victims of internet abuse include both established businesses from all economic sectors and individuals who upload content for personal purposes. 

The scale of the violations affects everyone and legal protection mechanisms are the only way to guarantee copyright and business integrity.

What can be intellectual property on the internet?

The digital space encompasses a vast array of assets that are the result of creative, innovative or commercial activity. Any element that possesses originality and is materialized on the network falls under the scope of legal immunity against unauthorized use.

Assets for business

For companies, intellectual assets on the Internet are the backbone of their market identity and competitiveness. This includes the unique software code of applications and platforms, databases, the graphic design of websites, as well as specific brand elements such as logos and trade names. 

Domain names are also a key asset that legitimizes a company's presence in the digital world. When a business publishes specialized content, e-books, or marketing strategies, these are also considered valuable corporate assets that cannot be copied without consent.

Assets for individuals

Individuals generate a vast amount of creative content that is often subject to misappropriation. This includes copyright photographs, videos on social networks, personal blogs, articles and even unique posts and comments with high artistic value. Musical compositions, digital illustrations and online courses are also part of the intellectual portfolio of individual artists.

Important note: there is significant overlap between the two categories. 

For example, a photograph can be owned by both a professional photographer (an individual) and an advertising agency (a business) that has purchased the rights to it. The main difference lies in the purpose of use and the manner in which the rights were acquired, but in both cases the object enjoys the same legal force against infringement.

Copyright and social networks

Social platforms are the main arena where a huge amount of intellectual assets are generated and shared, but they often become a place for mass infringements. Few users are aware that by accepting the general terms and conditions upon registration, they enter into specific legal relationships with the platforms regarding control over their content.

• Facebook – this platform requires a non-exclusive, transferable, and sublicensable license to use any copyrighted content you post. This means that while you remain the owner, Facebook can use your photos and videos for its own purposes without paymentuntil you delete your account or content

• Instagram – similar to Facebook, Instagram automatically acquires broad rights to the visual content you post. Specific here is the so-called "embedding" - the platform allows third parties to embed your public posts on their sites, which often leads to disputes over whether this violates the author's rights outside the social network.

• YouTube – the Content ID system operates here, which automatically identifies audio and video materials. Authors have the right to monetize, block, or track videoswho use their content, and the platform strictly enforces the rules of the DMCA (Digital Millennium Copyright Act).

• TikTok – the specificity of this social network is the encouragement of remixing and using other people's audio through features like Duet and Stitch. By publishing content, you you consent to other users using your video to create new content within the app ecosystem.

• LinkedIn – the focus is on professional content and articles. Although the rights remain with the author, the platform has the right to display and distribute your posts globally, with protection against plagiarism of intellectual work in a professional context being a leading topic of controversy.

Specifics of copyright on the Internet

The digital environment imposes unique rules and precedents that often conflict with traditional notions of intellectual property. On the internet, the line between free sharing and legal infringement is extremely thin, and the legal framework is constantly adapting to new technologies.

The Hyperlinking Principle and Sharing 

Did you know that the very linking to publicly available content is generally not considered copyright infringement? According to the case law of the Court of Justice of the EU, if you direct users to material that has already been uploaded online with the author's consent, you do not make a "communication to the public". However, the problem arises if the link circumvents restrictions or if the content you are referring to was uploaded illegally.

Metadata as evidence 

On the Internet, “invisible” information is often more important than the image or text itself. Digital fingerprints, known as metadata (EXIF data for photos), contain information about the author, the date of creation, the location, and even the camera settings. This data is a key tool in establishing authorship, as their removal or alteration for the purpose of concealing a violation is treated as a separate crime in many jurisdictions.

Artificial Intelligence and Authorship

With the advent of AI, a new and still controversial fact has emerged: content generated entirely by artificial intelligence without significant human input cannot be copyrighted in many countries.Because the law traditionally requires “human creative effort,” AI-created images or texts often fall into the public domain unless it can be proven that the human exercised specific control over the creative process.

Intellectual property protection on the Internet – how to protect yourself

In the digital age, the security of creative and commercial assets requires a proactive approach and a combination of legal and technical measures. 

The first step is proper documentation – keep source files, drafts, and correspondence that prove the moment the content was created. 

The use of the copyright symbol ©, accompanied by the name of the medium and the year, serves as a clear statement of ownership and a warning to potential infringers. Technical tools also play a key role: watermarking images, using copy protection software (right-click rights), and embedding metadata help track and prove infringements. 

It is critical for businesses to regulate their relationships with freelancers and agencies through contracts that explicitly state the transfer of rights to the software, design, or text created. An effective strategy also includes regular monitoring through specialized platforms or tools like Google Alerts to respond promptly to the appearance of duplicate content.

Your digital footprint: protected and inviolable

The best strategy for long-term peace of mind is to trust professionals who have the specific know-how to deal with digital challenges. 

The team of lawyers and legal experts at IPfabrika has extensive experience in resolving all types of copyright cases on the Internet – from illegal use of content on social networks to complex disputes over software rights. As expert legal partners, we not only analyze the risks, but also apply proven legal mechanisms to ensure that your intellectual assets remain under your control.

In a world without borders, the security of your online presence depends on the right decisions made on time. Contact us for a consultation.