Pojęcie utworu w prawie zamówień publicznych

Olga Zinkiewicz


The definition of work (of authorship) as provided in the Copyright and Related Rights Act is ambiguous and contains general clauses. The main burden of construction of the meaning of its individual elements rests on the jurispru-dence. Court judgments issued in copyright cases, however, always concern a specific subject of protection and do not refer to the subject-matter of protection in the generic sense of the term. Thus, it is not possible to establish rules in relation to particular categories of works. In the broadly understood public procurement law, the practice of assuming without much reflection that all works created in performing particular services (supplies or works) may be subject to the definition of work seems to be worrying. Contracting authorities should be much more cautious and thoughtful in making decisions determining the nature of the work ordered, as they translate into numerous obligations arising, among others, from the Copyright and Related Rights Act, among which one of the most burdensome is the need to pay a remuneration in connection with the exploitation of the work. Moreover, they should make rational decisions on the regulation of the issue of obtaining copyrights, in particular when choosing the type of contract to be concluded. It should be borne in mind that every demand for transfer of copyrights may potentially discourage economic operators from obtaining a particular public contract. It is often not necessary for contracting authorities to have broad rights resulting from the transfer of rights.
Author Olga Zinkiewicz (FLA / DCivP)
Olga Zinkiewicz,,
- Department of Civil Procedure
Other language title versionsThe definition of work (of authorship) in the public procurement law
Journal seriesAnimus. Prawo Zamówień Publicznych, ISSN , e-ISSN 2544-655X, (0 pkt)
Issue year2018
Publication size in sheets0.5
Keywords in EnglishAuthorship, Copyright and Related Rights Act, transfer of rights, public procurement law, licence, conctracting
URL http://www.ia.edu.pl/wp-content/uploads/Animus-tom-2.pdf
Languagepl polski
LicenseJournal (articles only); published final; Other open licence; with publication
Score (nominal)5
ScoreMinisterial score = 5.0, 30-07-2019, ArticleFromJournal
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