prawo autorskie

Cytat w utworze naukowym

Author: Wojciech Machała
Institution: Uniwersytet Warszawski
ORCID: https://orcid.org/0000-0002-1385-2259
Year of publication: 2020
Source: Show
Pages: 73-88
DOI Address: https://doi.org/10.15804/ppk.2020.03.04
PDF: ppk/55/ppk5504.pdf

Quotations in Academic Works

The permissibility of quotations in academic works may be discussed and examined from different perspectives: a copyright perspective (which focuses on the conflict between quotation and infringement of copyright) and an ethical perspective (focusing on the issue of academic reliability). This article contains analysis of the legal status of quotations in the light of Polish Copyright Act of 4th of February 1994, in particular, the prerequisites of the right to use quotations established in Art. 29 of the above act. In a nutshell, it may be concluded that copyright law permits one to quote from other works without the establishment of strict rules and restraints (especially quantitative) in this respect. A flexible approach has been adopted: the permissibility of a quotation is subject to its adequacy for its specific purpose of revealing an explanation, critical or scientific analysis. There are no specific requirements regarding quotations in academic works. These works are specific in that their character and function permit quotes to a greater extent than in other categories of works.

Prawo prasowe i autorskie w systemie konstytucyjnym Kazachstanu

Author: Talgat Jaissanbayev
Institution: SWPS Uniwersytet Humanistycznospołeczny w Warszawie
Year of publication: 2018
Source: Show
Pages: 166-181
DOI Address: https://doi.org/10.15804/tpn2018.2.08
PDF: tpn/14/TPN2018208.pdf

The main purpose of the article is to present the principles of functioning of the Republic of Kazakhstan together with descriptions of two branches of law – copyright law and mass media law in Kazakhstan. The beginning of the article is dedicated to the legislature, which is represented by bicameral parliament. Its seats, the legislative process as well as the current political situation are described. Followed by the executive power description together with its representative, the Government of Kazakhstan, which can be formed or dismissed by the president. The way the Government is formed and its authority are presented as well. In the next part of the article is the judiciary of Kazakhstan which is described together with the system of common and special courts followed by description the way the judges are appointed. A separate part in the article is dedicated to the President of Kazakhstan who plays an important role in the authority system and officially does not belong to any branch of the power. While describing the functions of the president, the characteristic title of the First President of the Republic of Kazakhstan, “Elbasy” (the National Leader), which belongs to the current President Nursultan Nazarbayev, is also analyzed together with the features which make this title so special. The next part describes the ruling political party “Nur-Otan” (“the Luminosity of the Motherland”) which has been in charge since the year of 2004. The last part of the article is dedicated to the foundations of the copyright law in Kazakhstan and especially its basic legal acts, the bodies which are called to implement the copyright law and the copyright law specific features. The main legal acts and norms of Kazakhstani mass media law have been described as well, especially in the areas of advertising, print, radio and TV transmissions, rights and obligations of journalists.

Twórczość i autorstwo w dobie sztucznej inteligencji. Wyzwania stojące przed prawem własności intelektualnej

Author: Marek Porzeżyński
Institution: Instytut Badań nad Prawnymi Aspektami Nowych Technologii – Future Insitute
Year of publication: 2018
Source: Show
Pages: 25-44
DOI Address: https://doi.org/10.15804/tpn2018.1.03
PDF: tpn/13/TPN2018103.pdf

Artificial intelligence, besides blockchain, is the main topic discussed by representatives of nearly every branch of economy. Some entities are trying to search for their place in the world of artificial intelligence driven technology and others are looking carefully at the developments in the AI. Undoubtedly, software making use of the artificial intelligence can be viewed as something that can change the world we live in. The titles of press releases or other information sources are stimulating ones imagination in the range of possible application of artificial intelligence. At the same time, there is a group of people from the technology sector, that are concerned by the rapid and limitless development in this regard. The future of artificial intelligence and its application is still unknown but there are as many positive expectations as negative predictions. There are still many questions that have to be answered before the time that deep or strong AI will be prepared for everyday use. One of such questions is whether copyright is only dedicated for human beings? If the answer is affirmative than the next question that have to be asked is what form or type of protection can be used for works of art made not by humans? This are not the only problems that may arise (or has already arisen) from the use of AI.

Odpowiedzialność za umieszczenie odesłań w Internecie w świetle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej

Author: Marek Porzeżyński
Institution: WPiA UKSW, Instytut Badań nad Prawnymi Aspektami Nowych Technologii – Future Institute,
Year of publication: 2017
Source: Show
Pages: 64-85
DOI Address: https://doi.org/10.15804/tpn2017.1.05
PDF: tpn/12/TPN2017105.pdf

Undoubtedly linking is one of the technologies that constitute a basis of the web. Links are most commonly used for indication of the place of content in the richness of the internet. However, they can also be used for illegal actions concerning communication of works protected under copyright. Legality of linking depends on the classification whether they are communicating such work to the public in the meaning of art. 3 (1) of Directive 2001/29/WE. Court of Justice of European Union in its case law referred to the interpretation of the communication to the public and propose additional characteristics which can be useful for analysis of hyperlinks. In the most recent cases CJEU highlighted that in the era of the internet, a comprehensively harmonized EU copyright law is the key issue. There are still many problems with its interpretation. The CJEU undertook to solve this issue and proposed a new approach in the range of communication to the public, and maybe, whole copyright law – application of the new mental element. It is indicated that its use as to the hosting services could put an end to the illegal internet businesses in the range of copyrighted works. However, proposed change raises as many questions as it solves.

Graduated Response – a Comprehensive Solution in the War Against Online Piracy?

Author: Michał Czerniawski
Institution: Uniwersytet Humanistycznospołeczny SWPS w Warszawie
Year of publication: 2016
Source: Show
Pages: 164-185
DOI Address: https://doi.org/10.15804/tpn2016.2.09
PDF: tpn/11/TPN2016209.pdf

Escalation of online copyright infringements resulted in a worldwide shift in laws aimed at fighting illegal file sharing on the Internet. A new model of cooperation between copyright holders and Internet Service Providers was created. This cooperation is called the graduated response. In its most restrictive version this system allows suspension or even termination of the Internet service provided to the ISP’s subscriber who infringed copyrights. Copyright holders definitely need a tool that will help in protecting their interests. In this paper I analyze graduated response system in order to demonstrate its advantages and weaknesses. I conclude that legislators around the world should consider alternative solutions to the issue of online piracy such as the notice-and-slowdown and the notice-and-notice approach. I prove that intellectual property might and should be protected online in an effective manner which respects subscribers’ rights and freedoms, in particular the right to access to the Internet.

„Handlowe” i „niehandlowe” aspekty prawa autorskiego – konsekwencje problemów wyznaczania linii demarkacyjnej

Author: Anna Wilińska-Zelek
Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
Author: Miłosz Malaga
Institution: Uniwersytet im. Adama Mickiewicza w Poznaniu
Year of publication: 2016
Source: Show
Pages: 232-247
DOI Address: https://doi.org/10.15804/tpn2016.2.12
PDF: tpn/11/TPN2016212.pdf

This article discusses the issues related to the limits of the European Union competence in external relations in terms of the copyright law with a focus on the problem of defining its particular areas as “commercial” or “non-commercial”. According to Article 207 TFEU, the scope of the common commercial policy (under an exclusive competence of the EU) includes the commercial aspects of the copyright law; thus, it is vital to set a clear demarcation line. Through the analysis of settled case law of the European Court of Justice (incl. judgement in case C-414/11 and in case C-114/12) the authors diagnose numerous problems related to determining whether and to what extent the European Union has the exclusive competence over the intellectual property law. This also leads them to a conclusion that the European Union has a very wide competence as regards the conclusion of agreements concerning intellectual property rights, what poses a substantial risk.

Rola organizacji zbiorowego zarządzania prawami autorskimi w regulacjach prawnych dotyczących utworów osieroconych

Author: Monika Osmańska
Institution: Uniwersytet Humanistycznospołeczny SWPS
Year of publication: 2015
Source: Show
Pages: 216-242
DOI Address: https://doi.org/10.15804/tpn2015.2.12
PDF: tpn/9/TPN2015212.pdf

The role of copyright or related rights collecting societies in legal solutions regarding orphan works. The paper analyses in what way collective management organizations can be useful to solve the problem of so-called orphan works. The issue of orphan works (works whose authors or other rightholders are not known or cannot be located or contacted to obtain copyright permissions) is today one of the most important elements of the debate on the future of copyright law. As the number of orphan works keeps growing it becomes a serious problem which requires to be resolved by creating an appropriate legal framework. It seems that the best way of addressing the problem would be to entrust the management of orphan works with specialized entities i. e. copyright or related rights collecting societies. Namely it is worth to consider the extended collective licensing system that proved to be effective in the Nordic countries. However, the Directive 2012/28/EU on certain permitted uses of orphan works which sets out common rules on the use of orphan works is not based of that system. The absence of mutual recognition implies that an extended collective license is valid only in the national territory in which the statutory presumption applies. It would seem that at least diligent search should be entrusted to copyright or related rights collecting societies. They have access to databases on the works, objects of related rights and rightholders and they interact with similar organizations in other Member States. In the Polish copyright law provisions referring to the collective management of copyright do not fulfill its function. Professional, strong, effective and representative copyright collecting societies with well-defined area of activity are needed to solve the problem of orphan works. This requires amendment to the Copyright Law.

Copyright Law Aspects of the Electoral Process in Poland

Author: Radosław Zych
Institution: University of Szczecin
ORCID: https://orcid.org/0000-0002-1221-9136
Year of publication: 2024
Source: Show
Pages: 199-209
DOI Address: https://doi.org/10.15804/ppk.2024.02.14
PDF: ppk/78/ppk7814.pdf

In this paper an attempt is made to determine the material, subjective and temporal scope of application of an electoral exception provided for under Art. 31 (3) of the Copyright Law. To this end, normative acts, judicial decisions, and doctrinal views were examined. Also, the author analyses the concept of “election event” and the relevance copyright law has to it. In conclusions, a postulate de lege ferenda is formulated.

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