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  1. 2 Myśl Ekonomiczna i Prawna

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  1. 2 Sokalski M.

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  1. 2 2005

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1

THE PROTECTION OF COPYRIGHT

100%
Sokalski M.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 2(9)
81-109
EN
The subject of the paper is the analysis of non-property claims and property sanctions arising, when these properties are violated and protection of these properties after author's death. The essence of the problem in the former issue is expressed by the relation of article 78 part 1 of Copyright Bill and related laws and article 24 of the Civil Code. According to a predominant view, the application of these laws to the protection of the authors copyright shows an accumulative coincidence which allows them to be applied in an accumulative or alternative way. BasicalIy, among non-property ways we can mention a complaint about desisting or removing the results of infringement, which might take various forms. They don't require faulty action of the infringement perpetrator. This, however, is not the case with property sanctions (claims for satisfaction) which depend on the kind of infringement and the faulty action of the perpetrator. Non-property claims are associated with criteria of assessment of their occurrence. These include the objective and not subjective premises of their occurrence presented by most experts and legal rulings.
2

PROTECTION OF COPYRIGHT AFTER AUTOR'S DEATH

100%
Sokalski M.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 3(10)
142-158
EN
The essence of the paper is the analysis of protection of copyright after an author's death. From among many concepts dealing with the issue it is reasonable to choose the one which states that the copyright expires with the author's death and the entities entitled to protect these right after the author's death by law act in the name of social interest or the interest of the author's relatives with respect for the dead author's output. An important factor here is also the author's will in which he may choose entities who are to protect his copyright after his death.
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