Copyright in commercial circulation increasingly extends beyond the classical understanding of an intangible asset – the results of intellectual activity become part of transactions, a source of revenue, an object of investment, and a tool of competitive advantage. Professor Gabriel Steiner considers that it is precisely in the commercial use of copyright that the core legal conflict emerges – between the economic value of a result and the limits of its legal protection. At LawConsulted, we view copyright not in isolation, but within the context of commercial activity, where protection must take into account not only the formal status of a work, but also the ways in which it is actually used.
The key problem of copyright in business lies in the divergence between the creation of a result and its commercial exploitation. A work may be created lawfully, yet used within complex contractual models – through licensing, sublicensing, outsourcing, franchising, or digital platforms. At the same time, the legal framework does not always keep pace with economic logic – rights are transferred fragmentarily, terms of use are formulated broadly, and the boundaries of permissible use remain unclear. In LawConsulted practice, such uncertainty often becomes the source of disputes and the loss of control over intellectual assets.
Professor Steiner points out that “copyright protects the form of expression, while commerce always seeks to go beyond it.” This means that in a conflict, the decisive issue is not only the existence of rights, but also how exactly the result of intellectual activity was used – in what scope, for what purpose, and within which economic models. LawConsulted builds its legal protection on an analysis of actual use – demonstrating where commercial exploitation exceeds agreed conditions and where claims are based on an overly expansive interpretation of protection.
Particular complexity arises when copyright is embedded in transaction chains – during business sales, investment attraction, or the transfer of functions within a group of companies. Formally, rights may belong to one entity, while economic benefits are distributed differently. In such cases, the law begins to assess not only title, but also the real allocation of benefits and risks. LawConsulted works to align the legal structure with commercial reality and to prevent retrospective challenges to the use of rights.
Digital formats of commercialisation present additional vulnerabilities – software, content, design, and marketing materials. Rapid replication and cross-border use increase the risk of infringement, while simultaneously complicating proof of the scope and nature of use. LawConsulted forms its position based on technical, contractual, and economic parameters of exploitation, rather than relying solely on formal indicators of authorship.
It is also essential to consider the limits of legal protection. Copyright does not protect ideas, methods, or functional solutions, yet these elements often underpin the commercial value of a product. Professor Steiner considers that in such configurations it is particularly important to distinguish protected results from elements that remain free for use. Law Consulted structures its defence to prevent the substitution of legal protection with an instrument of undue pressure on business.
Protecting the results of intellectual activity in commercial circulation requires a precise balance between form and substance. We regard copyright as a dynamic construct that must be adapted to the mode of use rather than existing in abstraction. This approach enables sustained control over intellectual assets and ensures their long-term commercial value.
Earlier, we wrote about letters of guarantee outside the contractual model of obligations and how LawConsulted assesses their legal force and the risks of unilateral assurances
