Monitor Prawniczy

no. 24/2014

References to characteristic elements of popular works in other works, in particular advertisements, in the light of the copyright and Civil Code provisions

Justyna Świątkowska-Tokarz
Abstract

The article analyzes, on the basis of the jurisprudential doctrine and case law solutions, frequently encountered references to pop culture works in other works, in particular advertisements, by utilizing characteristic motifs, elements or short fragments. The authoress presents divergent positions represented in literature with respect to the premises for legal qualification of such cases, and also provides and overview of case law where potential infringement of proprietary copyrights, moral rights and personal interest in the form of artistic creation listed in the catalog of personal interests in Art. 23 of the Civil Code.