Ingerencja w proces twórczy – między dobrami osobistymi a autorskim prawem osobistym
Interference in the creative process – between personal goods and personal copyright

Author(s): Antonina Dębska
Subject(s): Law, Constitution, Jurisprudence, Cultural history, History of Art
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: personal goods; personal copyright; creative process; copyright
Summary/Abstract: The analysis of the system protecting personal goods and personal copyright allows for showing similarities between both institutions. Therefore, it is crucial to answer the question if it is possible to protect the relationship between the artist and the work within the system protecting personal goods. The article analyses two concepts: protection and exclusion of protection of relationship with the work within the framework of the system protecting personal goods, which leads to the conclusion that it seems important to consider more broadly the concept of exclusion within the framework of the system protecting personal goods. The conducted analysis allows to distinguish the concept of “creative process” and compare its meanings, which appear in the case law and the science of law. The arguments presented in the text support the separation of this concept from creative activities and understanding it from the angle of creativity referred to in article 23 of the Civil Code.

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