Legislator Case Law & Legislation
I PKN 196/98 AI generated

Supreme Court dismisses appeal; employer acquires copyright to work product unless contract specifies otherwise.

Case Number I PKN 196/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal seeking reinstatement to his photography position at the National Museum. The lower courts found that the plaintiff's duties involved documentary photography, not creative works, and that the employer's clause regarding copyright transfer was valid. The court ruled that under the Copyright Act, if the employment contract does not specify ownership, the employer acquires the economic rights to works created during employment based on the parties' intent.

Legislator headnote

AI generated

art. 12 ust. 1 ustawy o prawie autorskim i prawach pokrewnych; If the employment contract does not specify ownership, the employer acquires economic copyright to works created during employment based on the parties' intent.

Keywords

AI generated
copyright transfer employment contract work product creative work documentary photography cassation appeal labor dispute

Cited Legislation

AI generated
art. 12 ust. 1 ustawy z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych
art. 41 ustawy z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych
art. 393 12 Kodeksu postępowania cywilnego

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