Copyright
Description
Copyright is an area of legal regulation which grants specific rights to the creator of an original piece of artistic, literary or scientific work and regulates the rights which the creation of a given piece of work entails.
Object of copyright
The aim of copyright is to cover every instance of original creative activity, put forth in whatever form, regardless of actual value, purpose and means of expression. In particular the following pieces of work are objects of copyright:
- works expressed with words, mathematical symbols, graphic characters (literary, publicist, scientific, cartographic works and computer programs),
- plastic designs,
- photographic depictions,
- violin design,
- industrial design,
- architectural and urban plans,
- musical and lyrical compositions,
- scenic, musical and scenic, choreographic and pantomimic performances
- audiovisual (including visual and audial) pieces,
A piece of work is subject to copyright regardless of whether it is in final or non-final form. The medium is the object of ownership or subject to other property or relative rights, to which the regulations of civil code are applicable. The fact that a copyrighted work is often represented by a substantive object, e.g. a sculpture or a painting, means that the application of both copyright and property right will have an effect on one another.
Subject of copyright
Copyright is the exclusive right of the creator, unless stipulated otherwise by the Act. Art. 7 Section 1 of Copyright states that copyright can be granted not only to the individual responsible for the creation of a piece of work but to also other entities, however only when mentioned directly in the Act. Granting copyright to persons other than the creator is a source of disputes since an original work can only result from intellectual activity of an individual. Creation of a work is intrinsically liked to the psychophysical capacity of an individual. We can only speak of a creation of a piece of work only if human activity has been behind it.
Expiration of copyright
The rights resulting from authorship are closely related to the creator. This leads to the question whether rights can lapse with the death of its primary creator or remain effective, with or without an expiration. Act of Copyright, Art. 53 Sec. 2 states that 'unless the creator stated otherwise in their will, spouse, parents, children or siblings can file for the protection of personal rights.' The Act therefore effectively grants the protection of personal rights after the creator's death, be it for the creator themselves, their relatives or in the interest of the public.
Bibliography
- J. Barta, R. Markiewicz, "Prawo autorskie", Dom Wydawniczy ABC, 1997, p. 15.
- J. Błaszyński, "Prawo autorskie", Państwowe Wydawnictwo Naukowe, Warszawa 1985, pp. 29, 59, 157.
- Prof. Dr M. Szymczak, "Słownik języka polskiego" vol. II, Państwowe Wydawnictwo Naukowe, Warszawa 1979, p. 912.
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Author: Damian Iskra
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