The offence of violation of author’s moral rights under Article 115 para. 3 of the Act of 4 February 1994 on copyright and related rights (original) (raw)

2018

Abstract

The Act of February 4, 1994 on Copyright and Related Rights, which regulates issues related to the protection of copyrights, belongs to the private law system (its provi- sions protect the private interest). However, the Act includes both administrative and criminal law provisions aimed at protecting the public interest. The literature rightly points out that the systemic division into public and private law is becoming increasingly less pronounced, due to the permeation of legal domains belonging to both systems. An example of such interpenetration are the provisions of copyright law. This statement is significant for the considerations made in this article due to the statutory method of penalising certain behaviour contained in the provisions of the Copyright and Related Rights Act. Criminal law provisions, systemically related to public law and protecting the public interest, contain references to the provisions of the Copyright and Related Rights Act regulating the scope of copy...

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