Granice twórczości zależnej i inspirowanej w poglądach doktryny i orzecznictwa sądowego
Boundaries between derivative and inspired creativity within the opinions of the doctrine and judicial statements

Summary/Abstract: Issues regarding derivative and inspired creativity are stated within Art. 2 of the Act on Copyright and Related Rights. One should point that discussing the issue regarding the derivative creativity it is often being collated with inspired creativity. There is no doubt the legislator hasn’t clearly defined the boundaries between those two types of creativity. As a result, incorrect classification of a work may result in infringement of the author’s rights. It should be emphasized that the national courts have repeatedly commented on the matter concerning the boundaries between derivative and inspired creativity. They attempted to provide guidelines for these boundaries, but the guide-lines were more general. For this reason, defining clear boundaries between a derivative and inspired work causes great difficulties in jurisprudence practice and in the literature on the subject. The text aims to present the issue of the boundary between derivative and inspired creativity and to systematize the opinions expressed in the doctrine and judicature in this matter, as well as to indicate the criteria distinguishing a derivative and inspired work. To achieve the indicated target, the article analyzes the binding regulations of law, court judgements and the doctrine representatives’ opinions on these issues. It seems that one should share the view on the possibility of introducing to the Act a separate normative solution regarding an inspired work, apart from Art. 2 of the Act on Copyright Act. For this reason, there was a need to take a closer look at the issue of the boundary between derivative and inspired creativity.

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