Monitor Prawniczy

no. 9/2022

General characteristics of a legal relationship arising as a result of establishment of a work within the meaning of copyright law

DOI: 10.32027/MOP.22.9.5
Joanna Pawlikowska
Autorka jest adiunktem w Katedrze Prawa Cywilnego i Handlowego, Wydział Prawa Uniwersytetu w Białymstoku; ORCID: 0000-0002-5378-2363
Abstract

Nowadays, establishing a work is an act of law that gives rise to a number of legal relationships, some of which may depend on the creator's will, while others are independent of it, but both are determined by the applicable legal regulations. Therefore, the fact that a work is subject to copyright protection is related to the very fact of establishment of the work, which should be understood as communicating (externalizing) the work to a third party. A characteristic feature of the legal relations arising in connection with the establishment of a work within the meaning of copyright law is heterogeneity of their nature and content. As a consequence - due to this complexity - we are dealing with both civil rights and obligations, as well as the situation of regulating organizational, financial and procedural issues (both civil and criminal liability).