Abstract

This publication provides a deeper analysis of the statement that — subject to Art. 42 of the Copyright and Neighboring Rights Act of 4 February 1994 — proprietary copyrights form part of the estate. In addition, it has been demonstrated that the principle which requires listing the fields of exploitation and inadmissibility of transferability of future fields of exploitation is expressly reserved only in the case of an agreement for the assignment of proprietary copyrights and an agreement for using the work (is not applicable to succession). It has been also pointed out that the resolution of the question of a register or any other form of a record of succession cases in which the beneficiary is the State Treasury should be based on criteria that will allow not only for disclosure, but above all cataloging of rights inherited by the State Treasury and, as a result, their effective execution.