The problem appears when someone takes your content, reuploads it or uses it without your permission, sometimes to build their own brand, to monetise, or even to attack your reputation. What can you actually do in Romania and under EU rules in such a case?
This article explains, in accessible language, what is protected, what is not protected, what copyright infringement means online and what remedies you have: from notices and takedown procedures on platforms to civil actions and, in some situations, criminal liability.
The main rules come from Romanian Law no. 8/1996 on copyright and neighbouring rights, as well as from EU directives, in particular Directive 2001/29/EC on copyright in the information society, Directive (EU) 2019/790 on copyright in the Digital Single Market and Directive 2004/48/EC on the enforcement of intellectual property rights.
This article is for information purposes only and does not replace individual legal advice. If you face a concrete copyright infringement case, it is advisable to discuss with a lawyer.
1. Legal basis: where your copyright comes from as an online creator
In Romania, the general framework is set by Law no. 8/1996 on copyright and neighbouring rights. From Article 1, it provides that copyright in a work of intellectual creation is recognised and guaranteed, and that the right is attached to the person of the author and has both moral and economic components.
One essential aspect for online creators: copyright arises automatically, by the mere fact of creation, without any registration or filing formalities. The work is protected from the moment it exists in a concrete form (video file, audio file, text, photo, script, project file etc.), even if it has not yet been published.
At EU level, Directive 2001/29/EC harmonises certain aspects of copyright in the information society, while Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market updates the rules for online content-sharing platforms (YouTube, TikTok etc.), including regarding their responsibility for user-uploaded content.
On the enforcement side (injunctions, damages, seizure of pirated copies, etc.), Directive 2004/48/EC on the enforcement of intellectual property rights requires Member States to provide effective remedies against infringements.
For an overview of intellectual property protection in Romania, you can also read materials from the series on maglas.ro, such as How to realistically protect your intellectual property rights in Romania (copyright, trademarks, designs, software).
2. What is actually protected when you create online content
Law no. 8/1996 provides that original works of intellectual creation are protected, regardless of the mode or form of expression, their artistic merit or their purpose. In the online environment, this generally means that the following are protected:
- YouTube and TikTok videos: editing, selection of shots, script, voice, graphics, effects, the structure of the episode etc.
- Podcasts: the structure of the episode, the script, the way you present the information, the audio editing, jingles, original music.
- Blog posts and newsletters: the actual text, structure, original wording, creative titles, examples and analysis.
- Photos and graphics (thumbnails, banners, slides, social media carousels etc.).
- Screenshots, slides, decks and presentations with a minimum level of originality.
- Software, apps, scripts used for your website or creative projects, as far as they meet the conditions of a protected work.
In addition, derivative works – such as adaptations, translations, compilations or remixes – also enjoy protection to the extent that they add sufficient originality.
2.1. Practical examples for YouTube, TikTok, blogs and podcasts
To make things more concrete, here are a few typical scenarios where you generally have copyright protection:
- Educational YouTube video where you explain financial, legal or technical concepts with examples and illustrations created by you.
- Personal vlog with a distinctive editing style, intros, recurring jokes, narrative elements.
- TikTok series with a recurring format (e.g. reacting to news, green screen commentary) where your expression, structure and video editing are original.
- Interview podcast in which the questions, the structure of the conversation, the editing and the intro/outro jingles are original.
- Long-form blog article with analysis, opinions, original graphs and examples, not just mechanically pasted from other sources.
In several articles already published on maglas.ro, including those dedicated to artists and creators, one key idea is repeated: you do not need to be a “traditional” artist to benefit from copyright protection. Your online creativity is just as protected as a book, film or song.
2.2. What is NOT protected: the idea is not the same as the work
Many creators confuse the idea with the concrete work. Article 9 of Law no. 8/1996 expressly provides that ideas, theories, concepts, discoveries, methods, procedures, systems, simple facts and data are not protected by copyright.
Applied online, this means that you cannot “reserve” the mere idea of:
- “a podcast with entrepreneur guests”;
- “a format where you react to political news with a green screen behind you”;
- “a weekly crypto news newsletter”;
- “a series of videos like a day in my life as…”;
- “a three-step format to explain legal or tax concepts”.
What is protected is the concrete way in which you express that idea – your text, wording, shots, editing, graphics, structure, the specific combination of elements.
That is why, in copyright disputes, the focus is on comparing your work with the copy: courts look at whether there is a substantial appropriation of original elements, not just a similarity of ideas or topics.
3. Your rights as an author: moral and economic rights
Law no. 8/1996 recognises two broad categories of rights:
- moral rights – linked to your personal connection with the work;
- economic (patrimonial) rights – linked to the economic exploitation of the work (monetisation, licensing, sale etc.).
3.1. Moral rights – your personal connection to the content
Moral rights include, in particular:
- the right of attribution (paternity) – to be recognised as the author (for example, your name should not be removed or replaced);
- the right to integrity of the work – to oppose modifications or distortions that harm your honour or reputation;
- the right to decide if, how and when the work is made public;
- the right to withdraw the work from the public, in certain conditions, with compensation for users.
In practice, as an online creator, your moral rights are affected when, for example:
- someone reuploads your video without mentioning you as the author;
- someone edits your work or cuts parts out of it in a way that misrepresents you;
- your name is removed from the description, thumbnail or promotional material of a project you contributed to.
3.2. Economic rights – control over monetisation
Article 13 of Law no. 8/1996 lists the main economic rights that allow you to authorise or prohibit uses of your work, including:
- the reproduction right – making copies of the work (downloading, uploading, copying files, systematic screenshots etc.);
- the distribution right – putting copies into circulation (sale, rental, lending etc.);
- the right of communication to the public and making available to the public – transmitting the work to the public via the internet, streaming, platforms, social networks;
- the right to create derivative works – adaptations, remixes, translations etc., when the use goes beyond simple quotation or legal exceptions.
Online, the most important for you is making available to the public: when someone reuploads your video, podcast or article to their own channel or website without permission, they are infringing precisely this exclusive right.
3.3. What these rights mean in practice for an online creator
Some practical consequences:
- You decide who can use your content and on what terms (free or paid licences, complete prohibition, Creative Commons, etc.).
- You can ask for the removal of unauthorised content from other websites or platforms, through notices and takedown procedures.
- You can claim damages when someone monetises your work without permission or damages your reputation or commercial interests.
- You can negotiate contracts with brands, agencies, labels or platforms based on these economic rights.
In narrative case studies published on maglas.ro, such as The journey of an artist facing copyright law – the fictional example of Alex and his copyright infringement dispute and The decisive appeal: how a young artist defends his copyright in front of the Court of Appeal, you can see how these rights play out in litigation scenarios inspired by practice.
4. When your copyright is infringed online
In principle, there is copyright infringement when someone uses your work (or a substantial part of it) without your consent and outside a legal exception.
4.1. Typical examples of online infringement
- Full reupload of one of your YouTube or TikTok videos on another channel, without permission and without substantial new content.
- Podcast episode reposted in full on another channel or platform, sometimes with a different cover but identical content.
- Blog post copied word-for-word on another website, without citation and without permission.
- Stolen thumbnails, designs or graphics used as if they belonged to someone else.
- Compilation videos in which someone takes substantial segments from your videos and stitches them together without real commentary or transformation.
Even if the person who copied you “mentions you” in the description, this does not automatically mean there is a licence. Mentioning the source does not replace your consent when the use goes beyond quotation or other legal exceptions.
4.2. Exceptions and permitted uses (quotation, parody, reporting)
Law no. 8/1996 and the EU directives (in particular Directive 2001/29/EC) provide for certain exceptions and limitations to copyright, including:
- quotation – use of short fragments, justified by a critical, informative or scientific purpose, with indication of the author and source;
- parody – certain forms of parody, caricature or pastiche, under the conditions set by EU and national law;
- use for reporting current events, in certain conditions;
- private use – copying for personal use, without commercial purpose.
Important: not every “reaction video” or “commentary video” is automatically covered by quotation or parody exceptions. If creator X basically reuploads your entire video and adds just a few minor remarks on top, there is a serious risk that this will be treated as unauthorised use, not as a lawful exception.
From a litigation perspective, courts will look at the proportion and role of the content taken in relation to the new content and its purpose.
5. Remedies you have when your content is stolen: practical steps
When you discover that someone has copied your content online, it is useful to have a basic action plan. In practice, the approach is usually structured in three stages: evidence, direct contact and notice, complaints to platforms and legal actions.
5.1. Collect evidence immediately
Before contacting the person who copied you or the platform, make sure you keep proof:
- screenshots of the video, article or podcast that was copied;
- the exact URL (link to the YouTube, TikTok, blog or podcast page etc.);
- date and time when you discovered the content;
- screen recordings showing the page and the context of the upload;
- evidence of your priority: date of publication of the original content, source files, project files, scripts, drafts etc.
These elements are useful both for platform internal procedures and for potential court actions.
5.2. Direct contact and amicable notice
Sometimes, especially when the infringer is a small creator or acted “out of ignorance”, a firm but polite message may resolve the situation.
You can send:
- an official e-mail to the creator’s contact address or the company behind the account;
- a message through the contact form on their website;
- a direct message on the platform (where this exists), preferably accompanied by a more formal notice by e-mail.
In the notice, it is helpful to specify:
- what content you claim as yours (link to your original, description);
- what content you consider a copy (link, description);
- how the infringement occurs (full reupload, copy-paste, unauthorised commercial use etc.);
- what solution you ask for (removal, credit and licence, modification etc.);
- a reasonable deadline for response (e.g. 48 or 72 hours).
In more serious or repeated cases, you can start with a formal notice drafted by a lawyer, which can also raise the issue of possible claims for damages.
5.3. Takedown procedures and complaints on platforms
All major content platforms have copyright infringement report procedures. Many of them have evolved in the context of Directive 2000/31/EC on electronic commerce and the copyright directives, which provide special regimes for hosting user-uploaded content.
YouTube has a dedicated copyright center and a copyright takedown request form for situations where your work is uploaded without permission. For larger right holders, there is also the Content ID system, which can automatically detect unauthorised use.
TikTok has a copyright help section and intellectual property policies, through which you can report content that infringes your rights.
Instagram, Facebook, Spotify, Apple Podcasts and other platforms also offer dedicated forms or channels for copyright reports. Procedures differ in detail, but generally require you to:
- identify clearly your original content and the copy;
- declare that you are the right holder or their authorised representative;
- make a good-faith statement that your notice is accurate;
- acknowledge that you are sending a legal notice, not just a “report” in the casual sense.
It is important to avoid abusing these mechanisms. Submitting unfounded or bad-faith notices can expose you to liability (including civil liability) if you unjustifiably harm another creator.
6. Civil and criminal actions for copyright infringement
Law no. 8/1996 provides that infringement of rights recognised and protected by the law entails civil, administrative or criminal liability, depending on the circumstances. Depending on the gravity and commercial purpose of the infringement, you and your lawyer can consider the following avenues:
6.1. Civil action: stopping the infringement and damages
In civil court, you can request, in particular:
- a declaration of infringement of your copyright;
- an injunction to stop and prohibit further infringement (for example, an order requiring the defendant to stop distributing the copied content);
- provisional measures (interim injunctions, seizure of pirated stock etc., adapted to the digital environment);
- damages for material loss (lost income, profits earned by the infringer, costs) and moral damage (reputation harm, distress etc.);
- publication of the judgment or a summary of it, at the defendant’s expense, in certain conditions, including online.
Directive 2004/48/EC requires Member States to provide effective mechanisms for such remedies, including allowing courts to order preservation of evidence, disclosure of information on the origin and distribution networks of infringing products, and reasonable legal costs.
6.2. Criminal liability in serious cases
Law no. 8/1996 also provides for specific criminal offences related to copyright and neighbouring rights, punishable by fines or imprisonment, especially where:
- the infringement is systematic or organised (websites, distribution networks, accounts created specifically for piracy);
- the purpose is clearly commercial (obtaining profit from unauthorised exploitation of protected works);
- large volumes of pirated works or significant damage are involved.
In practice, an online creator may consider criminal avenues mainly when facing massive or organised piracy (for example, websites that systematically sell or distribute your video courses or podcasts without permission).
Criminal proceedings typically start following a complaint from the injured party. Whether to file a criminal complaint is something you should assess with your lawyer, taking into account your overall strategy (civil, criminal or a combination of both).
7. Copyright and EU rules for platforms: why it matters for you
Directive 2001/29/EC and Directive (EU) 2019/790 have significantly changed how online content-sharing platforms are seen under copyright law.
In particular, Article 17 of Directive (EU) 2019/790 treats platforms such as YouTube and TikTok as entities which, under certain conditions, themselves perform an act of communication to the public when making user-uploaded content available. As a result, they must:
- make best efforts to obtain licences from right holders;
- implement effective notice and takedown mechanisms and, in some cases, “stay down” mechanisms preventing re-uploads of the same infringing content;
- offer appeal mechanisms for users whose content is removed.
Directive 2000/31/EC on electronic commerce also establishes a special regime for hosting providers, who are, in principle, not liable for information stored at the request of a user as long as they do not have actual knowledge of its unlawful nature, or, once they do, act expeditiously to remove or block access to it.
For you as a creator, the practical consequences are that:
- you have access to formal reporting procedures on platforms precisely because they must comply with these legal duties;
- you can challenge abusive takedowns of your content (e.g. bad-faith copyright strikes);
- in some situations, you may be able to obtain measures against the platform itself if it fails to act diligently after being notified.
8. Building “legal hygiene” as an online creator
Legal protection starts with how you organise your work and contractual relationships. A few practical measures worth considering:
8.1. Keep evidence of your creations
- keep raw files (raw footage, project files, uncompressed audio files);
- save drafts and scripts used for podcast or video episodes;
- keep e-mails or messages where you sent material to collaborators or brands;
- record launch dates, versions and significant changes.
These elements are essential to prove that you are the author and that you created the work first.
8.2. Clear contracts with collaborators
If you work with video editors, graphic designers, composers, co-authors or guests, it is important to clarify from the outset who owns the rights and under what conditions the resulting materials may be used.
Contracts may provide, for example:
- whether economic rights are fully assigned to you or just licensed for certain uses;
- whether there are restrictions on re-use of the materials by collaborators in other projects;
- how monetisation and licensing revenues are shared;
- how crediting is done (name, pseudonym, logo etc.).
In articles on maglas.ro dedicated to artists and creators, such as From naivety to contractual mastery – how a solo artist can turn musical experiences into legal strategies, you will find numerous contractual “traps” that also appear in online collaborations.
8.3. Decide what licences you offer (and what you do not)
As an author, you can decide whether:
- you want to retain all rights reserved (no use without express permission);
- you allow certain uses through an open licence (e.g. a Creative Commons licence for non-commercial re-use with attribution);
- you sell or license certain uses (e.g. to brands or other creators).
What matters is that your policy is clear to the public (for example, through a dedicated page on your website or notes in video descriptions) and consistent with how you react when infringements occur.
8.4. Monitor your online presence
You cannot control the whole internet, but you can:
- set up “Google Alerts” for your name, your projects or series titles;
- use reverse image search tools or platform tools to spot stolen images or video segments;
- periodically check websites or aggregators known for copying content without permission.
9. When it makes sense to involve a copyright lawyer
Not every infringement needs to turn into a lawsuit. Sometimes, the time and energy costs outweigh the benefit. However, there are situations where a lawyer specialised in intellectual property and online disputes can make a real difference:
- when you face repeated or organised piracy (for example, a website systematically selling your video courses without permission);
- when your reputation is seriously harmed through recontextualisation or distortion of your content;
- when you suffer significant financial losses (e.g. a big channel monetising your content without permission);
- when you want to build a long-term strategy to protect your brand, content series and derivative products;
- when you are targeted by unfounded complaints (abusive copyright strikes) and need a coherent defence.
An experienced copyright lawyer can suggest a mix of solutions: firm notices, licence negotiations, civil actions for damages, interim measures or even criminal complaints when appropriate.
For more explanatory materials dedicated to artists, creators and companies working with digital content, you can visit the blog of lawyer Alexandru Măglaș, including articles on cooperation with collective management organisations (UCMR-ADA, CREDIDAM, DACIN-SARA, UPFR) and on the impact of recent EU regulations (including the AI Act and the new copyright framework).
Frequently asked questions (FAQ) – Copyright for online creators
1. Do I have to register my online content to be protected by copyright?
No. In Romania and throughout the EU, copyright protection arises automatically from the moment a work is created in a concrete form. There is no requirement to register with an authority or deposit the work for copyright to exist. However, certain registrations, deposits or timestamps can be useful as evidence in case of a dispute.
2. Can I rely on “fair use” to use parts of other people’s videos in Romania?
The US concept of “fair use” does not directly apply in Romania. Romanian and EU law provide for exceptions and limitations (for example quotation, parody, use for reporting current events), but they are more strictly regulated. Adding commentary on top of a video does not automatically make your use lawful. The analysis is case-by-case, depending on the proportion of the content taken, its role in the new work and the purpose of the use.
3. What can I do if someone files an abusive copyright strike against me on YouTube or TikTok?
If you are convinced that your use is lawful (for example, it falls under an exception, you have a licence, or you are the right holder), you can use the platform’s internal appeal mechanisms. It is important to respond with arguments, explain the legal basis and, if the situation escalates (e.g. you lose monetisation or your account is suspended), to consult a lawyer. In serious cases, you may also consider claims against the person who filed the abusive notice if they caused you significant damage.
4. What is the difference between plagiarism and copyright infringement?
Plagiarism is primarily an ethical and academic concept: presenting another person’s work or ideas as your own. Copyright infringement is a legal concept: using a protected work without consent, outside legal exceptions. In practice, many real-world situations are both plagiarism and copyright infringement, but not every infringement is necessarily plagiarism (for example, where the author is acknowledged but the work is still used without permission).
5. Can I use memes, GIFs and screenshots in my content?
It depends. Many memes and GIFs are based on protected works (photos, film frames, series, games). Some uses may be tolerated or fall within parody or other exceptions, but there is no simple rule that guarantees legal safety. Screenshots from interfaces, apps or websites can also be protected (as works or as brand elements). If you systematically and commercially use such material, it is prudent to work, as far as possible, with original or licensed content and to obtain permission from right holders where feasible.
Conclusion: if you are an online creator, copyright is not just the “fine print” in platform terms and conditions. It is the legal currency by which you protect your work, your brand and your income. Understanding it gives you tools not only to defend yourself when your content is stolen, but also to strategically build your career and business around your creations.