Abstract

The analysed judgment provides an opportunity to review legal risks associated with the conclusion of a license agreement from the point of view of a licensee and draw attention to the disproportionately privileged situation of the copyright holder vis-à-vis the licensee. By concluding a license agreement, the licensee always undertakes, often unconsciously, the risk associated with the possibility of failing to obtain the rights to use the work due to the potentiality that the legal act has been concluded with an entity unauthorized to exercise all of the copyright rights. This risk is basically embedded in the model of obtaining a license and the licensee, in principle, cannot fully protect themselves against it.