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Zdjęcie jako utwór fotograficzny

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Walczakiewicz B.

Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland

2014

issue 2

107-116

Nowadays, in the world of digitalization, a picture with a piece of information reaches to the recipient faster than any word and it is relatively simple to understand. Processing of the data by illustrations requires less time and ability from the viewer. That is why the meaning of the photography is still increasing and it is signifi cant to raise the question how image should be protected by the law. The act of copyright and related rights distinguish goods such as an industrial design or a photographic work. However, it is not true that every picture deserves to be called a creative work. An image can be defi ned as a “creative work”, when it complies with the characteristic elements of the work and specifi city of the photography. For example, pictures that simply record the reality and do not have any features of a nature of the photographer cannot be called creative. It should be noted that the object of the copyright law can also be an adaptation of another person’s work. It is hard to decide unambiguously, which picture should be protected by law exactly. It is important that every image must be treated individually, but the courts acknowledge all pictures as creative works. However, as already mentioned, the predominant factor would be to determine whether it is art or not.

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1 Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland

1 2014

1 Walczakiewicz B.

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Zdjęcie jako utwór fotograficzny