How to protect your creative work in Romania

This article is for general information only and does not constitute legal advice. Any concrete situation must be analysed on its own facts, together with a lawyer familiar with intellectual property law and the applicable jurisdiction.

1. The core question: what can you actually do so that your work is not “stolen”?

Whether you are a programmer, designer, musician, content creator, entrepreneur or artist, at some point you will face the same concern: “How do I make sure others don’t just take my idea, my work or my brand and use it as their own?”

In everyday language we say “they stole my idea” or “they copied my work”. Legally, things are more nuanced. The law does not protect abstract ideas as such; it protects the concrete expression of those ideas: the code you wrote, the drawing, the photograph, the song, the article, the logo, the product design, the packaging, the brand name and so on.

At international level, the World Intellectual Property Organization (WIPO) defines intellectual property as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce”. WIPO’s materials explain that these creations can be protected by different legal rights, including copyright, trade marks, industrial designs and patents.

In practice, two questions matter more than any abstract definition:

How do I prove that I created something first?
What legal tools do I have to stop unauthorised use or to obtain compensation?

The answer is not “just be creative”. You also need a minimal protection strategy proportional to the economic value of what you create.

2. The basic legal framework: what does the law actually protect?

Depending on the country, the details may differ, but the overall logic is similar. If we look at Romania and the European Union (which is often relevant when content is available online across borders), some key building blocks are:

Copyright – In Romania, copyright and related rights are regulated by Law no. 8/1996 on copyright and related rights, as subsequently amended. The law recognises and guarantees copyright over literary, artistic, scientific and other intellectual works from the moment of creation, without requiring any formal registration.
Trade marks – Brand names, logos and certain slogans can be protected as trade marks. In Romania, this is governed by trade mark legislation and administered by the State Office for Inventions and Trademarks (OSIM). OSIM provides basic information and FAQs on how to protect a mark nationally.
EU trade marks and designs – For protection throughout the European Union, trade marks and designs can be registered with the European Union Intellectual Property Office (EUIPO), which offers guidance on how to apply and FAQs on registration.
Industrial designs and other rights – Product shape, packaging or graphical user interfaces can sometimes be protected as registered designs or models at OSIM or EUIPO, alongside or in addition to copyright.

In simplified terms:

Copyright generally arises automatically when a work is created (for example, a text, code, photo, song or illustration). You do not have to file it somewhere for the right to exist – but you still need proof of authorship and of the date.
Trade marks, designs and patents usually require registration with a competent office (OSIM, EUIPO, etc.) in order to grant exclusive rights.

So it is not enough to create; you must also think about how you can prove your authorship and, where appropriate, how to register key elements of your project.

3. Ten “possible stories” about stolen works – and what they teach you

The examples below are not descriptions of real people, but they reflect patterns that appear again and again in practice. If you work in a creative or innovative field, you will probably recognise yourself in at least one of them.

3.1. The start-up that shared too much, too early

A young developer builds a prototype for a platform that connects professionals in a niche field. He has an interesting matching algorithm and a clean interface. At a start-up event, he enthusiastically explains the concept, shows a demo and answers questions in detail.

Months later, a much larger company launches a very similar product. The developer has slides, e-mails and early mock-ups, but no:

registered trade mark for the product name;
clear documentation of his source code as a copyright-protected work;
non-disclosure agreements (NDAs) with the people who saw the demo.

The abstract idea of “a platform that connects professionals” is not protected. But the specific code, name, logo and graphical interface can be.

What could have been done differently?

Identify early which elements are protectable (code, name, logo, design).
Use NDAs when presenting details to potential investors or partners.
Document development (repositories, time-stamped documents, e-mails).
Consider trade mark and, where appropriate, design registration before big public presentations.

3.2. The content creator whose format becomes a brand campaign

A video creator publishes educational clips with a very recognisable format: a specific intro, recurring phrases and a characteristic tone and rhythm. The series gains traction online.

Later, a large brand launches an advertising campaign with a strikingly similar structure: same type of intro, similar wording and mirrored pacing. The general idea – “short educational clips on a topic” – is not protectable, but the script, structure and concrete audiovisual expression may be protected by copyright.

Basic protection steps:

Keep script drafts and project files for the videos.
Include a clear copyright notice in descriptions (for example, “© [Name] [Year] – All rights reserved”).
For high-value projects, consider depositing works using systems that certify the date (trusted third-party archives, notaries, or specialised digital deposit services).

3.3. The fashion designer who sees her collection “reinterpreted” on the high street

A fashion designer publishes a collection online, based on a distinctive combination of colours, shapes and architectural inspiration. The photos spread on social media.

Later, a well-known chain sells clothes that are very similar in overall look and motifs. They are not pixel-perfect copies, but the resemblance is obvious.

If the designer never registered her key pieces as industrial designs at a national or EU level, defending her work becomes more complex. Copyright may still apply to certain designs, but a registered design or model is often a stronger weapon in a dispute.

Practical lessons:

Identify the few designs that truly drive your brand.
Discuss with an IP lawyer or industrial property consultant whether registration is worth the cost.
Monitor the market for obvious copies.
React promptly with legal notices and negotiations if a substantial copy appears.

3.4. The local entrepreneur who loses “his” brand name

A café owner chooses a catchy name and logo. He invests heavily in signage, menu design, social media and a website. The company is registered at the commercial register, and the domain name is secured.

After some time, he receives a letter stating that another company has registered an identical or similar trade mark with the national IP office and demanding that he stop using the name.

A common misunderstanding is that company registration or owning a domain name automatically gives exclusive rights to a brand name. In reality, exclusive rights to a trade mark are generally acquired through registration at the relevant office (for example, OSIM in Romania or EUIPO for an EU trade mark).

Good practice:

Before investing heavily in branding, run availability searches (nationally and at EU level, as needed).
If the brand is central to your business, seriously consider filing a trade mark application.
Avoid large investments in a name and logo before clarifying their legal status.

3.5. The developer whose code is treated as “open source” when it is not

A developer uploads a library to a public repository and vaguely writes “free for non-commercial use” in the readme. There is no formal licence attached.

A company later uses the library in a commercial product, without attribution or payment. When confronted, they respond: “It was on the internet; we assumed it was open source.”

The real problem is the absence of a clear licence. There are standard software licences (MIT, GPL, Apache and others) and Creative Commons licences for content. Without one, expectations are unclear for everyone.

Practical steps:

Choose an appropriate, recognised licence and include it explicitly in your repository.
Clearly state what is allowed (commercial use, modifications, redistribution) and under what conditions (attribution, share-alike, etc.).
Keep track of commits and versions as evidence of authorship and dates.

3.6. The photographer whose images are reused in adverts

A photographer posts images from events on social media (with the clients’ consent). An events agency later copies several of those photos and uses them in its own marketing materials, without credit and without asking.

Under copyright law, photographs are usually protected works. Using them in commercial promotion without permission can amount to copyright infringement, even if the photos were publicly accessible online.

Reasonable reactions:

Send a written request to stop using the photos and to remove existing materials.
Ask for compensation, especially if the use is extensive or clearly commercial.
Submit takedown requests to platforms that host the infringing content, when terms of use allow this.
As a last resort, consider litigation if the damage and strategic importance justify it.

3.7. The digital artist and the unauthorised NFT

A digital artist showcases work online. A third party downloads an image, mints it as a non-fungible token (NFT) on a blockchain platform and sells it without the artist’s knowledge.

Even if NFT technology is relatively new, copyright law remains the same: the original author retains copyright, and turning an image into a token does not magically transfer ownership. However, enforcement may be complex because of cross-border issues and differing platform policies.

Key elements:

Maintain strong evidence of authorship and creation dates.
Use platform mechanisms to report unauthorised minting or sales.
Seek legal advice where the sums or reputational risk are considerable.

3.8. The copywriter and the pitch that becomes a campaign

A small agency prepares a pitch for a large client: concept, slogan, storyboard, draft visuals. The pitch is not selected. Several months later, the client launches a campaign that strongly resembles the proposed concept and key lines, implemented by a different agency.

In advertising, the thin line between “inspiration” and “copying” is a recurring topic. While abstract ideas are not protected, the concrete text, visual compositions and narrative structure can be protected by copyright.

Protective measures:

Send pitch materials in a way that documents content and date (e-mail with attachments, secure platforms).
Where realistically possible, use agreements that regulate how pitch ideas may be used.
Archive the final versions of proposals before presenting them.

3.9. The business idea shared over coffee and implemented by someone else

Two people discuss a business idea – a particular subscription service, platform or product. One of them later implements it alone, without involving the other.

Pure business ideas or concepts (for example, “a subscription to local products delivered monthly”) are generally not protected. The protection starts with tangible elements: the trade mark, the website design, the software, the marketing content, the packaging and so on.

This is why, in projects with real economic potential, it makes sense to:

use NDAs when sharing non-public details;
clearly document each person’s contribution (shared documents, e-mails);
set out in writing what happens if the project is not pursued jointly.

3.10. The musician and the hit that sounds “too much like” his song

A composer releases a song online. Later, a famous artist publishes a hit whose chorus and melody strongly resemble his track.

Music plagiarism cases are often controversial. Legal analysis usually involves a technical comparison of melodies, harmonies and structure. If the similarity is substantial and the second author had access to the original work, this may constitute an unauthorised reproduction.

The composer’s position is much stronger if:

the song is registered with a collective management organisation or another appropriate registry;
there are dated workfiles (demos, project files, lyric drafts);
there is evidence that the other artist or their team were in a position to know the original song.

4. What all these stories have in common

Despite their diversity, the same core mistakes repeat:

Confusing the amount of effort with legal protection.
Confusing “being first” with “being able to prove that you were first”.

In intellectual property disputes, the winner is not always the most creative, but often the one who:

transformed ideas into concrete, protectable works (text, code, design, trade mark);
took care to document authorship and dates properly;
used available protection tools (registration, contracts, notices, strategic enforcement).

Intellectual property law is not only for big tech companies or global brands. It exists for anyone who creates – from freelancers to start-ups, from independent musicians to small local businesses.

5. A minimal protection strategy for creators and entrepreneurs

You can think of IP protection as a kind of “legal hygiene plan” for your work.

5.1. Map what you actually create

Make a list of assets, for example:

texts, articles, scripts, blog posts;
software, source code, apps;
photos, illustrations, graphic elements;
logos, names, taglines, domain names;
product and packaging designs, UX/UI layouts;
music tracks, podcasts, jingles, audio branding.

5.2. Clarify what is covered by copyright

As a general rule, any original work of authorship is likely to benefit from copyright protection, under conditions similar to those provided by Law no. 8/1996 and comparable laws in other countries. The right arises automatically when the work is created, but:

you still need evidence (drafts, files, dated e-mails, repositories, deposits);
a standard copyright notice (for example, “© [Name] [Year]. All rights reserved.”) makes your expectations explicit.

5.3. Decide what deserves registration

For some elements, it is worth considering formal registration:

If your brand name or logo matters, analyse trade mark registration at national level (for example at OSIM) or EU level (at EUIPO).
If product or packaging design is key, look at registering it as an industrial design or model.
Before filing, run clearance searches to avoid conflicts with existing rights.

5.4. Use contracts and NDAs, not only “gentlemen’s agreements”

Friendly conversations and informal collaborations are important, but they do not replace legal instruments. For projects with real stakes, consider:

Non-disclosure agreements (NDAs) with partners, potential investors, agencies or collaborators.
Clear clauses on copyright ownership and licensing in your contracts.
Written agreements on co-authorship and how rights are shared or assigned.

6. What to do if you discover that your work is used without permission

Feeling angry is normal, but from a legal point of view it is important to proceed methodically.

6.1. Secure and organise evidence

Take screenshots clearly showing the infringing content, URLs and dates.
Download copies of the materials (videos, images, web pages, brochures where possible).
Gather evidence of your own prior work: creation files, earlier uploads, contracts, invoices, repository logs.

6.2. Clarify your legal position

Together with a lawyer, evaluate whether the situation involves:

mere coincidence or inevitable similarity;
copyright infringement;
trade mark infringement or dilution;
unfair competition or misleading advertising.

6.3. Choose the appropriate tools

Cease-and-desist letters or formal notices asking the other party to stop and to remove content.
Takedown requests submitted via platform procedures (for example for social networks, hosting providers, marketplaces).
Negotiating a licence or settlement, where a commercial relationship still makes sense.
As a last option, court proceedings or administrative actions, when the economic or reputational harm is high.

7. Frequently asked questions about “stolen” works and copied ideas

Question 1: Is it enough to post my work online for it to be protected?

Not exactly. Copyright usually arises from the act of creation, not from posting online. Publishing content on the internet can help demonstrate the date and authorship, but it is not a complete protection system by itself. You still need to keep original files, drafts and other evidence, and to think about registration where relevant (for example, trade marks or designs).

Question 2: Do I have to “register” my work to have copyright?

In many jurisdictions, including under frameworks similar to Law no. 8/1996, copyright is recognised from the moment a work is created, without any registration. However, various national or international deposit systems and registries can be extremely useful to prove authorship and dates in the event of a dispute.

Question 3: When does it make sense to register a trade mark with an IP office?

It usually makes sense when a name, logo or slogan is central to your business and you invest significantly in it. Trade mark registration at a national office (such as OSIM) or at EUIPO for an EU trade mark grants you exclusive rights to use that sign for specific goods or services and allows you to act against others who use confusingly similar signs in the same field.

Question 4: What if I discover a copy but have not registered anything?

You may still have rights. Copyright exists independently of registration, and some behaviours can be challenged as unfair competition or passing off. However, without registrations or strong evidence, enforcement is more difficult and sometimes less predictable. This is why a preventive strategy – documenting your work and registering key rights – is often more efficient than reacting later.

Question 5: Are NDAs really useful, or just a formality?

In projects with real value, NDAs are more than mere formalities. They set clear expectations about what information is confidential, how it may be used and what consequences follow if it is misused. Even if they cannot prevent all misuse, they improve your legal position and may discourage opportunistic behaviour.

Question 6: How can an intellectual property lawyer actually help?

An IP lawyer can help you decide what is worth protecting and how, draft or review NDAs, licensing and assignment contracts, assist with trade mark or design filings, prepare cease-and-desist letters and represent you in negotiations or litigation. Compared to the potential loss of value of an unprotected brand or work, the cost of strategy and advice is often a form of legal “insurance”.

8. Conclusion: in the world of ideas, proof and protection make the difference

You cannot completely prevent others from looking at what you do, learning from it or being inspired by it. But you can build a framework in which:

the line between legitimate inspiration and unlawful copying is clearer;
you have the evidence needed to show that you created first and took protection seriously;
negotiations or disputes start from a stronger legal position for you.

Intellectual property protection is not about paranoia; it is about respecting your own work and its economic potential. Whether it is an app, a brand, a piece of music or a visual concept, the question is not only whether someone will try to copy it, but whether you will have the tools to respond effectively when that happens.

9. When is it worth speaking to a lawyer?

If you recognise your own situation in any of the examples above, or if you are about to invest serious time and money in a creative or innovative project, it is usually a good idea to discuss your case with a lawyer who understands intellectual property and, where relevant, Romanian and EU law.

Together, you can:

map out the assets you create and the risks you face;
design a cost-effective protection and enforcement strategy;
prepare the right contracts and procedures for collaborators, clients and partners.