Copying an article, a photograph or other online material may violate copyright laws, but the analysis depends on the nature of the work, the use made of it and any exceptions provided by law. The copyright on an original work generally arises from the moment of creation; registration is not a general requirement for protection.
What rights can be violated
Law no. 8/1996 recognizes the author’s moral and patrimonial rights. Among the patrimonial rights are reproduction, distribution, public communication, and making the work available to the public online. The fact that a material is visible on the internet does not mean that it can be freely reproduced. However, there may be legal exceptions and limitations, and the use of a fragment, citation, or informational use must be analyzed in context, in compliance with the law’s conditions.
Attention to links and embeds
A simple hyperlink to legally accessible material does not automatically equate to a violation. In the GS Media case (C-160/15), the CJEU pointed out that factors such as the commercial nature of the publication of the link and the knowledge that the material was placed online without authorization can be taken into account. The classification depends on the concrete circumstances; not every link or incorporation attracts liability.
How to document copying
Keep the page address and the date you noticed the publication. Save screenshots showing the material and context, keep the original files and dated evidence of the creation, and note which elements were taken. A technical finding can be useful when the content risks disappearing. Avoid modifying or publishing personal data about the alleged author of the copy.
Practical steps
1. Check whether the material is protected and whether there is a license, permission or applicable legal exception.
2. Identify the person or platform that controls the page and send a clear notification with the URLs, the original material, and the remedy requested: removal, attribution, or obtaining a license, as appropriate.
3. If the material is hosted on a platform, use the official procedure for reporting a violation of rights.
4. If the situation continues or causes significant harm, discuss with a lawyer about interim measures and compensation. These are not automatic: the grounds and evidence must be evaluated in each case.
Law no. 8/1996 regulates the rights of authors and civil remedies, including measures to terminate the infringement. You can consult the form of the law in Legislative Portal and the judgment of the CJEU GS Media, C-160/15. For related situations, see also our page about legal assistance.
This material provides general information and does not replace the legal analysis of the concrete situation.
