Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

Autorskie prawa majątkowe w świetle koncepcji prawa podmiotowego Romana Longchamps de Bérier

100%
Pawlikowska J.
Przegląd Legislacyjny
|
2022
|
issue PL 1 (119)/2022
32-48
EN
Despite the interchangeable use of the concepts of copyright and rights (partial rights), the latter are accorded features appropriate to the subjective right. Namely, it is indicated that every partial right “is an absolute law, an effective erga omnes”. Without citing in extenso the views of the representatives of the doctrine at this point, and at the same time being aware of the connection of the discussed issue with the issues of fields of exploitation and the model of shaping the content of proprietary copyrights, it seems possible to assume that subjective copyright is a possibility of the legal protection of the author’s interests related to the work. The author-work relationship is the source of a number of author’s interests, which change over time along with the modifications that take place in the author-work-audience relationship. In this perspective, the subjective copyright means the legal possibility of protecting the currently existing interests of the author. The content of these interests may change with the various creative phases and with the various phases of making the work public and marketing its copy.
2
Publication available in full text mode
Content available

Glosa do wyroku Wielkiej Izby Trybunału Sprawiedliwości Unii Europejskiej z dnia 19 grudnia 2019 r., C-263/18

100%
Pawlikowska J.
Forum Prawnicze
|
2020
|
issue 5 (61)
87-98
EN
The judgment of the Court of Justice of the European Union of 19 December 2019 concerns the issues of the digital market for ‘used’ electronic books, in particular the issue of exhaustion of the right to distribute digital copies of books protected by copyright. The Luxembourg Court has significantly developed its case-law regarding the exhaustion of copyright in the digital environment, in particular by explicitly qualifying the act of providing users with protected works by downloading them online. The position of the Luxembourg tribunal seems to exclude the possibility of dynamic interpretation of currently applicable normative solutions in the area of exhaustion of copyright. The Court ruled out the possibility of exhaustion of copyright when downloading an electronic book for permanent use and qualified the act as communication to the public. De lege lata, normative solutions in the area of exhaustion of copyright under EU law do not correspond to the existing economic, social and technological conditions. At the same time, the Court rejected the possibility of dynamic interpretation of applicable provisions. Not always the rigorous classification made by the Tribunal in its ruling will lead to higher protection of the interests of right holders and thus to achieving effet utile. It will deepen the already existing state of legal uncertainty and will support the adoption of internal solutions by digital goods suppliers and service providers.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.