Abstract

The gloss refers to the judgment of the Court of Appeal in Warsaw, which was issued in the proceedings initiated as a result of filing a lawsuit for copyright protection. The subject of the dispute was a fragment of the text of a verbal-musical piece used in the defendant's advertising campaign. The court in Warsaw stated in its judgment that there were no grounds for adopting the view that parts of a work are subject to a different legal regime than the one the entire work is subject to. Parts of a work (including individual phrases of verbal works) are protected by copyright if they contribute to the originality of the entire work, and the elements contained therein constitute the author's own intellectual creation. The gloss is critical of the judgment and negates the extension of copyright protection from the entire work to its fragment under the conditions specified in the judgment.