Desygnat pojęciowy zwrotu „działalność twórcza” użytego w art. 1 ust. 1 ustawy o prawie autorskim i prawach pokrewnych
Desygnat pojęciowy zwrotu „działalność twórcza” użytego w art. 1 ust. 1 ustawy o prawie autorskim i prawach pokrewnych

Summary/Abstract: In the judgment discussed, it is pointed out that only a manifestation of an activity, which even minimally differs from other results of the same activity, is considered a work, and, therefore, that it has the feature of novelty, the degree of which, however, is irrelevant. It is further emphasized that a manifestation of creative activity must also have an individual character in order to be protected. This does not mean, however, that the work must reflect the characteristics of the creator’s individuality, but that, by itself, it must stand out from other identical manifestations of creative activity, in a way that testifies to its peculiarity, to its originality, and to those qualities that make it, to a greater or lesser degree, unique and without a counterpart in the past. The individual character of a work also means that the work is objectively distinguishable from other intellectual objects. The aforementioned principles suggest that the creative character of a work should be viewed in terms of subjective novelty, while the individuality of a work should be viewed in terms of objective novelty. At the same time, the judgment of the Court of Appeals under discussion is part of a desire that is emphasized in both case law and doctrinal discussions, a desire to objectivize the criteria for evaluating an intellectual creation as a subject of copyright (a work).

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