Updated guidance taking into account current legislation and dispute practice for 2024–2025
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You’ve ordered text, design, or code—did you know that without a proper copyright agreement, the contractor may retain exclusive rights to the result?
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You are a performer – do you know how to protect your right to compensation if a client uses your work but refuses to pay?
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What must be included in a copyright agreement in 2025, taking into account judicial practice on copyright disputes?
A designer developed a corporate identity for a company. There was no contract—he worked on an invoice and through brief correspondence. The company used the logo for three years, then the designer noticed it on the packaging of a new product. He demanded additional compensation. The company responded, “We paid for everything.”
Who’s right? Without a contract, the court decides. And often, it’s not in the client’s favor. Because by default, copyright belongs to the author. Exclusive rights are transferred only if expressly stated.
Basics: What does a copyright agreement cover?
The copyright agreement in Latvia is regulated by the Copyright Law (Autortiesību likums). The agreement is concluded between the author of the work and the client or user.
The subject matter may be: texts, translations, program code, design, photographs, illustrations, musical works, architectural designs and other objects of copyright.
The key rule: the property rights to a work are transferred from the author to another person only by contract. Without a contract, the author retains all rights, regardless of what you’ve paid them.
Mandatory elements of a copyright agreement
Description of the work. Be as specific as possible: what exactly is being created, in what format, how much space, and for what purposes. “Website design” is bad. “Design of 8-page corporate website layouts in PSD and HTML formats” is good.
Transferable rights. This is the most important point. Specify whether the rights are being transferred exclusive or non-exclusive, the territory of use (Latvia, the EU, or the entire world), the term for which the rights are transferred, and the methods of use (publication, reproduction, adaptation, commercial use).
If you want to rework a work—add text to a logo, change the code—that’s reworking the right. It must be explicitly stated. Otherwise, without the author’s consent, it’s a violation.
Remuneration. Amount, payment method, and payment terms. If the work is delivered in installments, payment will be staged and tied to specific deliverables. Specify that remuneration will be paid regardless of the commercial success of the deliverable.
Delivery deadline and procedure. Date, format for delivering the result, acceptance procedure, and number of revisions included in the price.
Author’s Warranties. The author guarantees that the work was created independently, does not infringe the rights of third parties, and does not contain unauthorized plagiarism. This protects the client from third-party claims.
Dispute resolution procedure. Include an arbitration clause. Disputes over copyright agreements are a typical case where arbitration is more effective and confidential than state courts.
What has changed in judicial practice in 2024–2025?
Courts are increasingly strict about electronic evidence in copyright disputes. Messenger conversations about edits and approvals are increasingly being recognized as evidence. Save all conversations.
Disputes over copyright rights to works created using AI tools have become more frequent. The current position is that a work created solely by AI without any human creative input is not protected by copyright. However, if a human significantly reworks an AI-generated work, copyright rights arise. It is recommended that contracts explicitly state whether AI tools were used in its creation.
Sample key clause on transfer of rights
“The Author transfers to the Client exclusive property rights to the Work, including the right to reproduce, distribute, publicly display, adapt, and use it for commercial purposes, without territorial or time limitation, from the moment the remuneration is fully paid. The Author’s personal non-property rights (copyright, name) remain with the Author and cannot be transferred.”
Copyright Agreement Checklist
An accurate description of the work and the format of the transmission
Type of rights transferred: exclusive or non-exclusive
Territory and period of use
Specific uses including recycling
Amount and procedure for payment of remuneration
Deadline and procedure for submitting results
Number of edit iterations
Author’s guarantee of originality
Dispute resolution procedure (arbitration clause)
The moment of transfer of rights (usually after full payment)
A copyright agreement isn’t bureaucracy. It’s a document that determines who owns the results of your work or your money.
This article is for informational purposes only and does not constitute legal advice.