A competitor launches an e-shop with your product descriptions, your photographs or a page structure resembling your own. In such a situation people often look for a “fine for copyright infringement”. In a private dispute, however, nobody imposes a fine. The rightholder pursues claims to prohibition, removal, information and money, under two regimes that can be used at the same time: copyright and the law of unfair competition. They differ in what you have to prove.
When website content is a protected work
A work is the result of the author’s creative intellectual activity which is unique and perceptible by the senses (Section 3(1) of the Copyright Act, Act No. 185/2015 Coll.). For texts this means that what is protected is an originally written text, such as a brand story, an article or a guide, whereas a bare technical description with dimensions and composition need not reach that threshold. An idea, method, system, concept or information expressed in a work is not regarded as subject matter of copyright (Section 5(a)); the idea of how to arrange an e-shop is therefore not itself protected by the Copyright Act. For photographs the threshold is lower:
A photographic work is the capturing of an image by means of photographic technical equipment, where it is the result of the author’s creative intellectual activity; no other condition under paragraph 1 applies.
— Section 3(5) of Act No. 185/2015 Coll. (unofficial English translation)
The second question is who may act. Where the text or photograph was created by an employee in the performance of employment duties, it is an employee work and the economic rights in it are exercised in its own name by the employer, unless otherwise agreed (Section 90(1) and (4)); the same applies to a work created by a managing director in the performance of duties of office (Section 90(2)). Where the content was supplied to order by an external copywriter or photographer, the company generally has consent to use the work for the purpose arising from the contract (Section 91(1)). In a dispute it will then often need the author’s co-operation, so it is worth agreeing an exclusive licence with suppliers, and their co-operation in enforcement, in advance.
What you can claim under the Copyright Act
An author may seek, in particular, prohibition of an unauthorised interference, including against the provider of a service through which the right is being infringed, and further information on the extent of use, removal of the consequences of the interference, compensation for non-pecuniary harm, damages and surrender of unjust enrichment (Section 58(1)). As to money, the Civil Code assists, since the amount of damage need not always be proved by lost profit:
Where an intellectual property right capable of being the subject of a licence agreement is infringed or jeopardised, the amount of damages, where it cannot be determined otherwise, is determined as at least the royalty that would have been usual for obtaining such a licence at the time of the unauthorised interference with that right […]
— Section 442a(2) of Act No. 40/1964 Coll. (unofficial English translation)
Monetary compensation for unjust enrichment is determined in the same way where it cannot be determined otherwise (Section 458a of the Civil Code). It is therefore worth knowing what a licence for comparable use would cost; a stock-photography price list, your own licence agreements or photographers’ quotations all help. Non-pecuniary harm from an interference with intellectual property is compensated in money where other satisfaction, such as an apology, would not suffice (Section 442a(1)). The Czech Copyright Act goes further: the unjust enrichment of a person who has used a work without a licence amounts to twice the royalty usual for such a licence (Section 40(4) of Act No. 121/2000 Sb.). An unauthorised interference with rights in a work may also be a criminal offence of copyright infringement (Section 283 of the Criminal Code).
Where unfair competition helps
What is not a copyright work may still be unfair competition. The Commercial Code treats as unfair competition the creation of a likelihood of confusion, which includes the use of get-up of products or of business materials regarded in customer circles as characteristic of a particular undertaking, and the imitation of another’s products, their packaging or services (Section 47(1)(b) and (c)), as well as parasitising on the reputation of another competitor (Section 48). Unfair competition claims to desist, to remove the unlawful state of affairs, to appropriate satisfaction including in money, to damages and to surrender of unjust enrichment (Section 53) do not require the content taken over to be a work. What must be shown, however, is conduct in economic competition, conflict with good morals of competition and the capacity to cause detriment (Section 44(1)). Against a competitor it is therefore worth invoking both regimes together; against an operator who is not in economic competition with you, copyright generally remains.
A procedure that will stand up
- Secure the evidence at once. Screenshots with the date and address, archived versions of both websites, the source files of your texts and photographs with their metadata. After a letter before action the infringer may change or take down the content, and the evidence is gone.
- Document your rights. Employment contracts, contracts with content suppliers, stock-photography licences.
- Send a letter before action. With a specific list of the content taken over, a reasonable period for removal and a proposal for compensation.
- Approach the service provider. If the infringer does not respond, turn to the hosting provider or the platform; prohibition of the interference may also be sought against the provider of the service (Section 58(1)(c) of the Copyright Act).
- Consider court. Where the damage is continuing, an application for an interim measure and a court action.
If the competitor is taking your name or logo alongside the content, see the question on whether we can stop a competitor using a similar name without a trademark. We pursue the claims within our intellectual property disputes and unfair competition and protection of reputation services. So that your rights to texts, photographs and code are in black and white before any dispute, we help set up contracts with creators in our copyright and licensing service.
This article provides general legal information as at 12 September 2026. It does not constitute legal services or advice on your specific matter. Laws change and the details of your situation may differ. Check the appropriate course of action or contact us before making a decision.
