Egzekucja sądowa z tzw. corpora mechanica

Nauka prawa a praktyka prawnicza: Księga jubileuszowa z okazji czterdziestolecia Okręgowej Izby Radców Prawnych w Krakowie(2022)

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摘要
The current copyright regulations do not refer to the problem of the judicial enforcement of the so-called corpora mechanica, i.e. objects in which a work has been preserved and which are used to multiply the work, such as a matrix or a negative. In particular, Article 18 of the Copyright Law, which introduces significant limitations on execution against economic rights, does not exclude execution against these objects. However, the lack of regulations does not mean that the issue does not raise any concerns and may be completely detached from copyright issues. The aim of the article is to analyse the relation between the provisions of the Copyright Law and the provisions of the Code of Civil Procedure regarding execution against movable property, with particular emphasis on the following issues: • execution against so-called corpora mechanica and the right to decide on the first release to the public; • execution against copies of the work and the exhaustion of the law; • execution against the original work of art and the entitlement to the droit de suite.
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