Monitor Prawniczy

no. 20/2015

New forms of cloud-based exploitation of works - Part I

Maciej Siwicki
Abstract

Proper matching of the modes of cloud exploitation of works is rendered particularly difficult inter alia because of the maladjustment of definitions of individual fields of exploitation listed in Art. 50 of the Copyright and Neighbouring Rights Act of 4 February 1994 to technological changes effecting from digitalization of works, convergence of various technical means of their dissemination and new methods of cloud-based provision of services. The first part of the article outlines key problems of cloud-based copyright marketing, in particular its form of disposal and usage of works. Owing to the fact that the discussion of key problems of cloud-based copyright marketing requires attention to be drawn in particular to the technical dimension of exploitation underlying individual services provided in the cloud, in the first place the most frequent uses works therein are presented. In turn, basing on the above it is possible to match the key forms of cloud-based disposal and usage of works to those laid down in Art. 50 of the Copyright and Neighbouring Rights Act.