Ochrona dzieła sztuki jako ochrona dóbr osobistych jego twórcy
Protection of the work of art as protection of personal rights of its author

Author(s): Krzysztof Ślaski
Subject(s): Law, Constitution, Jurisprudence, Cultural history, History of Art
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: protection of works of art; personal goods; work as personal good
Summary/Abstract: The article analyses the usefulness of articles 23 and 24 of the Civil Code for protection of works of art and the relationship between copyright protection and the regime for the protection of personal rights. The text draws attention to a different understanding of the concept of “work” in the Act on Copyright and Related Rights and the concept of “creativity” in the Civil Code. The author points to the most important differences between the above-mentioned protection systems, in terms of both the object and the subject matter, and from the perspective of the claims of the entitled entity. The article emphasizes the rationale for the two systems in which works of art can be protected in view of the need to protect the rights of authors.

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