VP Law Firm • July 11, 2025
Freelancers and Copyright: Legal Protection of Copyrighted Works in the Digital Environment
Freelancers who create original works in the fields of graphic design, programming, writing, and related activities are protected under the Copyright and Related Rights Act (“Official Gazette of the Republic of Serbia”, No. 104/2009 and subsequent amendments).
Copyright is created upon the creation of the work, without the need for formal registration. The author holds patrimonial rights, which include the rights to use, reproduce, distribute, and adapt the work, as well as moral rights that safeguard the integrity of the work and the author’s attribution.
For effective protection of copyright in practice, it is necessary to:
- Precisely define rights in contracts: Contracts must clearly specify the scope of transfer of patrimonial rights or licensing authorizations, including duration, territory, and manner of exploitation. The absence of such provisions can complicate enforcement.
- Document authorship: Retain all relevant evidence of the creation of the work, including digital files, correspondence, and other materials that can substantiate authorship and the date of creation.
- Implement technical protection measures: Use of digital signatures, watermarks, and metadata serves as an additional safeguard against unauthorized use.
In case of copyright infringement, the law implements civil proceedings for protection of rights and compensation for damages, as well as criminal liability of the offender pursuant to the Criminal Code of the Republic of Serbia. Effective legal protection is crucial for preserving freelancers’ interests and ensuring legal certainty in the management of intellectual property in the digital environment.