Introduction
The preparation documents for conducting business on the Internet (Terms and conditions for use of a website/e-shop/platform/mobile application; Privacy policy, Cookies policy) is a prerequisite for the successful development of any business and is also one of the obligations of the owner of the website/e-shop/mobile application/ platform (hereinafter referred to as Provider). Therefore, these documents need to contain all the information that should be provided in accordance with the requirements laid down is regulated. That is why these documents shall be fully compliant with the legal requirements laid down in the relevant legislation, the activities of the Provider, and the specifics of the website, as the commercial activity of each company, has its own specific features. Therefore, it is mandatory that these documents are prepared carefully and strictly individually for the needs of the particular Provider, and thus it is advisable to seek the assistance of a specialist with experience in this field, as the preparation of these documents requires specific knowledge and practical experience in the field. Detailed documents for carrying out commercial activity on the Internet are subject to copyright within the meaning of Article 3, paragraph 1, item 1 of the Law on Copyright and Related Rights (LAPS). Copying such documents from a third-party website constitutes a violation of the copyrights protected by the Law on Copyright and Related Rights. Copying of such documents is also a violation of Article 35 of the Law on Copyright and Related Rights, which states that “the work is used only with the prior consent of the author”. The illegal copying of such documents from one website and their publication on another website also is a violation of the author’s right to remuneration for each type of use enshrined in Art. 19 of the Law on Copyright and Related Rights. The moral rights of the author to request his name to be indicated at each use of the work are also violated (Art. 15, para 1, item 4 of the Law on Copyright and Related Rights).
In which cases are the Terms and conditions for use of the website and the Privacy Policy subject to copyright?
According to Art. 3, para 1, item 1 of the Law on Copyright and Related Rights “the object of copyright is any work of literature, art, and science, which is a result of creative activity and is expressed in any way and in any objective form, such as literary works, including works of scientific and technical literature, journalism and computer programs”.
Many law firms over the years have built a reputation for providing services in a particular area of law. Such areas of law may be Internet law and e-commerce, as well as the protection of personal data. A small part of the services provided in the practice in these areas of law is the preparation of Terms and conditions for use of the website/e-shop/platform/mobile application, Privacy policy, Cookies policy. Drafting of comprehensive documents for doing business on the Internet from the very beginning, without the use of templates, requires years of training, experience, and practice in the relevant field, countless hours of work to write and update them, as well as thought and creativity. In this way, professionally prepared, original and comprehensive Terms and conditions for use of the website/e-shop/platform/mobile application and/or Privacy policy may be subject to copyright, just as books, films, music, works of art, photographs and others are subject to copyright. The reason for this is because they are work with individual and original character and have unique content and are the result of the creative activity and thought of their author because for their preparation the latter has made a personal choice in the choice of words, the structure of the sentences and the sequence of the presented content. The choice of words, the arrangement, and the combination of words in an original way means that this is an intellectual creation of a person and therefore the work is subject to copyright within the meaning of Article 3, paragraph 1, item 1 of the Law on Copyright and Related Rights. In other words, copying such documents for doing business on the Internet is like copying a book. Although these documents are legal documents, the Law on Copyright and Related Rights is fully applicable to them and they are also subject to copyright under the provision of Article 3, paragraph 1, item 1 of the Law on Copyright and Related Rights.
The same clauses are included in many Terms and conditions for use of the website? Why then are the Terms and conditions for use of websites subject to copyright law?
I will give an example with Terms and conditions for use of an e-shop. Almost all Terms and conditions for use of an e-shop contain clauses about delivery terms, rights and obligations of the parties, force majeure, intellectual property rights, and other clauses. Almost all the times, these clauses have the same meaning and therefore freedom is restricted and the use of such clauses cannot be prohibited, but the literal copying of such clauses may be prohibited because the author of these clauses has rights over the original expression (the way the texts are written), but not over the actual idea. For example, the manner in which a clause on intellectual property rights is written is protected by copyright, but the use of such a clause in other Terms and conditions, but formulated in a different way cannot be prohibited. Therefore, professionally prepared, original and comprehensive Terms and conditions and/or Privacy policy may be subject to copyright, as they are a work of individual and original nature and are the result of the creative activity and thought of their author, because the latter has made a personal choice in the selection of words, in the structure of the sentences and the sequence of the presented content. The choice of words, the arrangement, and the combination of words in an original way means that this is an intellectual creation of a person and therefore the work is subject to copyright within the meaning of Article 3, paragraph 1, item 1 of the Law on Copyright and Related Rights.
EACH CLIENT WILL RECEIVE A FREE E-BOOK CONTAINING ARTICLES WITH USEFUL INFORMATION ABOUT TRADEMARKS.
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This material prepared by Krasimira Kadieva aims to provide information about whether the Terms and conditions for use of the website and the Privacy Policy subject to copyright. For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva can assist in drafting documents for doing business on the Internet (website terms and conditions of use, privacy policies, cookies policies) both in Bulgarian and English languages.