Copyright law, III CSK 40/05

March 22nd, 2006, Tomasz Rychlicki

The Supreme Court in its judgment of 13 January 2006, case file III CSK 40/05, published in electronic database LEX, under the no 176385, held that “creative” and “individual” character of a work entitled for copyright protection can of course be based on the arguments relating to the subjective relationship between the creator and his work (“personal imprint”, “characteristics of personality”), or the objective aspects, i.e. relating to the product of the human mind. In the case of the application of the second test, which must be considered in light of the views of doctrine as better justified, it is assumed that the result of intellectual effort cannot be routine, standard and typical.

See also “Polish regulations on copyright” and “Polish case law on copyright“.