Wybrane prawnokarne aspekty ochrony praw autorskich
Selected penal law aspects of copyrights

Summary/Abstract: This article refers to the issues associated with crimes against intellectual property that are regulated in the act of copyright and related rights. The most relevant questions connected with the application of the regulations, especially article 115 and 116 copyright and related rights and a few other acts discussed in the text. There was also an elaboration of the fundamental rights that are protected by this act. The topic, which was first elaborated from the theoretic view, was further collated with controversial practical examples. Development of the technology may cause problems with the application of the regulations. Plagiarism is mostly associated with literary compositions. In the article, an example of modern art was submitted. It appears that the issue of plagiarism is not very clear in practice, since it is possible to be inspired by the same subjects. Moreover, there are things that are not protected by copyright law, because of their common character. The availability and ease of re-enactment and reproduction of compositions that are protected by copyright involve significant risks and potential violations of these rights. An example was given in a case with tattoos and their copyrights, but also their penal law protection. The imprecise and abstract character of copyrights may be a starting point to abuse the protection of copyrights and related rights in civil as well as criminal law.

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