The Supreme Court in a judgment of 3 December 2003, case file I CK 312/02, has denided the right of action to a collecting society that wanted to initiate a copyright suit in the name of a living person. The Court held that the collective management does not include protection and management of moral and personal rights of living persons, creators or authors. In this case, the Polish Society of Authors and Composers (ZAIKS) wanted to bring an action for the protection of personal rights of a living author who composed music/soundtrack for the movie.

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

Categories: Art. 104 ARNR | Art. 23 CC | Art. 24 CC | Art. 78 ARNR | case law | collecting society | personal rights or interests | Polish Act on Authors Rights and Neighbouring Rights | Polish Civil Code | Polish Supreme Court.