03.07.2015
FASHION, CULTURE & ART
Can athlete-entrepreneurs finally breathe a sigh of relief after the decision of the Supreme Administrative Court? And what about authors and artists?
The Supreme Administrative Court (“SAC”), in an extended panel of seven judges, ruled in favor of athletes conducting business activity. It seems that this multi-year dispute with tax authorities regarding the possibility of declaring income generated by athletes (and, perhaps, also by other professional, especially in art-related areas) in non-agricultural business activity has finally come [...]
23.06.2015
FASHION, CULTURE & ART
Triple the amount of respective remuneration is unconstitutional!
The Constitutional Tribunal has determined that triple the amount of respective remuneration in the case of culpable infringement of copyright is unconstitutional (file no. SK 32/13). This right was provided for in Article 79(1)(3)(b) of the Copyright and Related Rights Act and allows demanding the payment of triple the amount of respective remuneration for illegal, [...]
21.05.2015
FASHION, CULTURE & ART
Multiple the amount of respective remuneration under the copyright law prior to CJEU
A common request for payment in multiples of the amount of respective remuneration for the unlawful use of another person’s work is a widely debated problem in the jurisprudence. The right in question has been provided for in Article 79(1)(3)(b) of the Copyright and Related Rights Act and since the very beginning has stirred a [...]
11.05.2015
FASHION, CULTURE & ART
Permitted photography part 2 – pictures and the image of persons photographed
In contrast with the citizens of North Korea and some other similar places on the globe, we are living in a legal system in which photography is, as a rule, permitted. When taking pictures on the street, we shouldn’t expect being charged with the disclosure of state secrets or propagating foreign, unacceptable values. In the [...]
04.05.2015
FASHION, CULTURE & ART
Art feeds on art, i.e. it adapts, borrows, copies and is inspired
An exhibition entitled “Cannibalism? On appropriations in art” is currently being held at the Zachęta National Gallery of Art in Warsaw. This exhibition deals with the adaptations, sampling, borrowing and processing of culture. One could say: “art feeds art” which is a notion that led to the creation of so called “appropriation” art. From the [...]
23.03.2015
FASHION, CULTURE & ART
The mythical 4 bars limit - an inquiry on music plagiarism
The recent judgment by thejury in the Federal District Court in Los Angeles , concerning the hit song “Blurred Lines,” did once again remind us that even musicians from newspaper front pages are likely to reach for someone else’s work, and by doing so – commit plagiarism. The last year’s song by Robin Thicke and [...]
16.03.2015
FASHION, CULTURE & ART
Copyrights and freedom of speech on the catwalk
Twice a year in four fashion capitals of the world everyone turns their gaze towards catwalks and with bated breath follows the newest creations of the most renowned designers. Last Wednesday – 11th March – the fashion week in Paris ended another season of fashion shows and forced all enthusiasts to wait till September for [...]
23.02.2015
FASHION, CULTURE & ART
Permitted photography, part 1 – Preface
There is no legal act in Polish law that comprehensively cover legal matters related to photography. What’s more, the law provides no answer to some of the most pressing issues that emerge in practice. This leaves a lot of room for interpretation, oftentimes substantially dependent on the facts of a given case. Considering such issues [...]
09.02.2015
FASHION, CULTURE & ART
From poster to canvass. Exhaustion of rights in the judgment of the Court of Justice, file no. C-419/13
The origin of the case at issue, closed by a judgment of the Court of Justice of the European Union of January 22, 2015 (file no. C-419/13), lies in a dispute between the Dutch company Art & Allposters International BV and a Netherlands copyright collecting society. According to the circumstances of the case, the company [...]
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