Can you dictate a picture? Cover Image
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Can you dictate a picture?

Between establishing and fixating a piece of art

Author(s): Aleksandra Bar
Subject(s): Law, Constitution, Jurisprudence, Cultural history, History of Art
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: artistic work; fixation of a work; establishment of a work; tangible medium of expression
Summary/Abstract: According to the view prevailing in Polish copyright doctrine, artistic works cannot exist outside of the tangible medium of expression thereof (that is establishment of an artistic work requires fixation) and they cannot be fixated by anyone but the author. The author of the study calls this view into question, making an attempt to answer the question whether it is possible to “dictate” a plastic work in a legally relevant way, i.e. to establish it verbally by the author and – at the same time – to fixate it by a third person – other than the author.

  • Page Range: 149-160
  • Page Count: 12
  • Publication Year: 2023
  • Language: Polish