Employee's copyright to work-for-hire software allows employer modifications under implied contract and engineering ethics.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal, allowing the employer to claim damages for blocking software modifications. The court found that the employment contract implicitly required the employee to grant future access to source code and modifications based on the employer's instructions and engineering ethics. Consequently, the employee's personal right to decide on changes was deemed partially transferred through the employment relationship, making the blocking of updates a breach of contract.
Legislator headnote
AI generatedUstawa o prawie autorskim z dnia 10 lipca 1952 r.; Kodeks cywilny; Kodeks pracy: Although an employee retains personal moral rights over a work created during employment, the employer may modify the work if the employment contract or established professional customs imply a duty to provide access to source materials and grant consent for future changes.