Dopuszczalność zmian w utworze architektonicznym w świetle ustawy o prawie autorskim i prawach pokrewnych
Permissibility of making changes in an architectural work under the act on copyright and related rights

Summary/Abstract: Firstly, the author answered to the question, how an agreement with an architect should be constructed in order to give an investor a freedom to introduce changes in an architectural project at the investor’s discretion. Later, he answered the question, what are the consequences of lack in an agreement of the regulations regarding the permission to interfere with a project or what are the consequences of acquisition from an author a copy of an architectural project under art. 61 of the copyright law and using it to one construction. In the case, referred to in the preceding sentence, one should consider, what is the scope of an architect’s rights to the extent of inviolability of the content and form of the work and its proper use (art. 16 sec. 3 of the copyright law). The important issue is also the question, if - in certain cases – the architect’s claims set forth in art. 78 sec. – may not be deemed contrary to the general clause expressed in art. 5 of the civil code.

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