Roszczenie o zapłatę wielokrotności stosownego wynagrodzenia w prawie autorskim
Claim for Payment of a Multiple of the Respective Remuneration in Copyright Law

Author(s): Dorota Sokołowska
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law
Published by: Wydawnictwo Naukowe Uniwersytetu Adama Mickiewicza
Keywords: Copyright; author's rights; protection of author's rights; Article 79(1)(3)(b) of the Copyright Act; claim for payment of a multiple of the respective remuneration; judgment of the Constitutional Court of 23 June 2015
Summary/Abstract: The publication deals with issues from the field of copyright law as not yet described in the form of a monograph. The claim for payment of multiples of the respective remuneration for infringement of author's rights, regulated in Article 79, paragraph 1, subparagraph 3, b) of the Act of 4 February 1994 on copyright and related rights has undergone radical transformations in the last 5 years. The current wording and interpretation of the provision has been influenced by judgments given of the Constitutional Tribunal, the Court of Justice of the European Union and the Supreme Court. These rulings are described and assessed in detail in the monograph. A number of new arguments in favour of re-examination of the issue and in favour of maintaining the claim for payment of a multiple of the respective remuneration in copyright law, constituting the main instrument for protection of authors and other rights holders, were also presented. The monograph includes, inter alia, an overview of Polish acts regulating lump-sum damages and an analysis of the legislation of 47 European states within the scope of the claim being analysed.

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