The use of the development of a work the rights to which have been acquired from a receiver as a result of insolvency proceedings Cover Image

Korzystanie z opracowań utworu, do którego prawa zostały nabyte od syndyka w wyniku postępowania upadłościowego
The use of the development of a work the rights to which have been acquired from a receiver as a result of insolvency proceedings

Author(s): Adam Pązik
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Administrative Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: property copyright; acquisition from an unauthorised person; enforcement; bankruptcy; trustee;

Summary/Abstract: The subject of this study is the assessment of the possibility for the purchasers of dependent works (developments) made on the basis of works whose economic copyrights have been acquired as a result of bankruptcy proceedings to use these rights. The resolution of this issue required an answer to the question of whether, and upon fulfilment of which requirements, a trustee as a result of bankruptcy proceedings may transfer to a third party the right to authorise the exercise of derivative copyrights. In addition, it was also necessary to determine what effect personal copyrights, above all the right to the integrity of the work, had on the use of the works by the purchaser of the right to authorise the exercise of subsidiary copyrights. The analysis carried out provided conclusions of both theoretical and practical importance.

  • Issue Year: 35/2024
  • Issue No: 2
  • Page Range: 45-63
  • Page Count: 19
  • Language: Polish
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