07.04.2015
BRAND & DESIGN
Competitions organized by the Patent Office of the Republic of Poland
At the request of the Patent Office of the Republic of Poland we would like to call your attention to two competitions organized by the Office: 3rd edition of the competition on media coverage regarding intellectual property protection issues, addressed to authors publishing in press, radio, TV and electronic media. Competition works must be submitted [...]
26.03.2015
ADVERTISING & EVENTS
Unsolicited commercial information following consumer law amendment
On December 25, 2014 the Consumer Rights Act of May 30, 2014, intended to increase the scope of consumer interest protection, entered into force. Its enactment was accompanied by concern about the legality of sending inquiries for consent towards being sent commercial information, which was previously a common practice. This issue was previously covered by [...]
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 [...]
12.03.2015
ADVERTISING & EVENTS
CEA: “No” for cider advertising on Instagram
An Instagram account about the cider of the Cider Inn violates the Code of Ethics in Advertising – so follows from the resolution by Commission of Ethics in Advertising (“CEA”) of February 25, 2015 that addressed the consumer complaint against the cider producer. The applicant noticed that in a nation-wide medium, which Instagram undoubtedly is, [...]
05.03.2015
PERSONAL RIGHTS AND MEDIA CRISES
Judgment of the Constitutional Tribunal: is it easy to become a criminal?
This reflection was inspired by the judgment of the Constitutional Tribunal (“CT”) of February 17, 2015 (file no. K 15/13) which settled the matter of compliance with Article 115 clause 3 of Copyright and Related Rights Act of February 4, 1994 (“Copyright Act”) and Article 42 clause 1 of the Constitution of the Republic of [...]
25.02.2015
PERSONAL RIGHTS AND MEDIA CRISES
„Crook, thief, hypocrite” – negative comments on Allegro and personal rights of the seller
The Regional Court in Lublin through its judgment of September 4, 2014 (file no. II Ca 366/14) ordered a defendant who wrote a negative comment about a seller’s account on the Allegro auction service to pay the amount of 300 PLN by way of compensation for infringing the personal rights of the seller. In the [...]
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 [...]
16.02.2015
FILM, MEDIA & GAMING
Let’s play… or what does a Latin American dictator have to do with a virtual sword and what does the law say about all this?
Many people associate video games with computer programs. A common approach reduces the legal issue of video games to the analysis of the provisions of the Copyright Act in the scope of Section 7 of the Act – i.e. special rules regarding computer programs. In the case of modern games, this approach is, however, too [...]
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 [...]
07.02.2015
ADVERTISING & EVENTS
Sponsorship in event activity – the basics
Organizing events often requires obtaining support from third parties, for example by transferring financial funds, specific commodities or know-how. In exchange for the above, the event organizer may offer marketing and promotional services. This form of cooperation is referred to as sponsorship. Restrictions on sponsorship In most cases the law does not interfere with who [...]
04.02.2015
PERSONAL RIGHTS AND MEDIA CRISES
The case of Prof. Ewa Łętowska's avatar – identify theft on Facebook
Prof. Ewa Łętowska does not have to be introduced in detail. The first Polish Ombudsman, a judge on the Supreme Administrative Court and the Constitutional Tribunal. A few months ago Facebook saw the emergence of profiles of Prof. Łętowska that presented her, as an enthusiast of music by Zdzisława Sośnicka, organizer of galas and concerts [...]
