Legal Protection of Fictional Characters and their Cultural Significance Cover Image

Prawna ochrona postaci fikcyjnej a jej znaczenie kulturowe
Legal Protection of Fictional Characters and their Cultural Significance

Author(s): Olga Grodecka
Subject(s): Museology & Heritage Studies, Culture and social structure
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: copyright; fictional character; trademark; pop culture;

Summary/Abstract: The article addresses the issue of protection of fictional characters in the context of their location in popular culture. The author, on the basis of case law and doctrine, analyzes the prerequisites for granting protection under copyright law and industrial property law, emphasizing first of all the location of the fictional character in pop culture. The article analyzes the case law of Polish courts and European countries. The author emphasizes that the right to the integrity of the work is directly linked to its cultural context.

  • Issue Year: 9/2023
  • Issue No: 1
  • Page Range: 231-246
  • Page Count: 16
  • Language: Polish