Sanctions for violation of copyright in the context of the judgment of the Constitutional Court of 23 June 2015 (SK 32/14) Cover Image
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Sankcje za naruszenie praw autorskich w kontekście wyroku Trybunału Konstytucyjnego z dnia 23 czerwca 2015 r. (SK 32/14)
Sanctions for violation of copyright in the context of the judgment of the Constitutional Court of 23 June 2015 (SK 32/14)

Author(s): Maciej Giermak
Subject(s): Criminal Law, Civil Law
Published by: Uniwersytet Opolski
Keywords: copyright; claims; author’s compensation; civil sanctions

Summary/Abstract: Breaching into the sphere of the exclusive rights of authors is associated with a wide range of possible civil and criminal penalties. Copyright holders have used the possibility to pursue triple of the appropriate remuneration from the perpetrator of culpable violation. Such a possibility, however, was blocked, because the Constitutional Court found in case SK 32/14 that this right is in violation with the Constitution of the Republic of Poland. This article examines complaints and concerns that can arise around aforementioned claim. The following considerations apply only to the arguments omitted by the Court in favor of existing solutions. This paper also presents proposals for solutions that can replace the previous regulation.

  • Issue Year: XIII/2015
  • Issue No: 4
  • Page Range: 153-163
  • Page Count: 11
  • Language: Polish