MATERIAŁY ROZPOWSZECHNIANE PRZEZ MUZEA A OCHRONA PRAW OSÓB TRZECICH
Journal Title: Muzealnictwo - Year 2016, Vol 57, Issue
Abstract
Museums’ activity requires creating and sharing various kinds of content, information and communications, including those related to the organisation and promotion of exhibitions. It is essential for museums to share such contents taking into account the protection of the rights of third parties. In particular, one cannot forget about the protection of intangible goods which result from the legislation. Such goods are protected by exclusive rights whose violation may result in entitled persons filing specific claims, including financial ones, against a museum. In museum practice two ranges of protected goods, i.e. personality rights and works protected by copyright, are of greatest significance. Personality rights, including images of particular people are regulated by the Polish Civil Code while their protection is provided for under the Act of 4 February 1994 on Copyright and Rights Related to Copyright (Polish Journal of Laws of 2006, no 90, item 631 as amended). An example to illustrate the significance of both above-mentioned scopes of protection is the fact of museums utilizing photographs depicting images of various people, which are protected by copyright. The applicable law stipulates significant restrictions of intangible goods’ protection which is manifested in two aspects, one related to time and the other to the subject-matter. On one hand, the protection of author’s economic rights is limited in time as such rights expire after the lapse of 70 years; whereas on the other, before such rights’ expiry, one may utilize works protected by them only if such utilization is justified by important reasons, including social ones. Restrictions in the second case, which legalise utilization of works still protected by copyright, result, to a great extent, from a regulation of fair use which has recently (with its binding force since 20 November 2015) been expanded on the scope of fair use of orphan works. Apart from personality rights and works, museums, in their popularizing activity, also have to include other intangible goods which they utilize for this activity. These include rights related to copyright, including artistic creations, regulated together with works by the above-mentioned act of law but also individual designations, including trademarks and databases.
Authors and Affiliations
Rafał Golat
Keywords
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- EP ID EP186974
- DOI 10.5604/04641086.1199469
- Views 31
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