Presentation of:
· legal problems of permissible quoting shown on an example of “Reksio” dog cartoon character
· professional experience with legal aspects of animated feature films
Graphic work
“Reksio” dog character (author: Lechosław Marszałek; copyright holder: Helena Filek-Marszałek)
Is quoting permitted and under which circumstances?
Legal basis: Articles 29.1, 34 and 35 of the Act of 4 February 1994 on copyright and related rights
(consolidated text published in Dz. U. 2006 No 90, item 631 as subsequently amended)
Which conditions of permissible quoting are met?
· a fragment of work or minor work in full is quoted
· quoted work has already been disseminated
· quotation is made in an independent copyrighted work
· aims of quoting: explanation or critical analysis or teaching or the rights governing a given kind of creative activity
· additionally: Article. 10 of the Berne Convention
Judgements of the Polish Supreme Court of 23 November 2004 (case ref. no. I CK 232/04) and Appeal Court in Poznań of 26 April 2000 (case ref. no. 1087/99)
Legal literature for the start: J. Barta, R. Markiewicz, Copyright law, Warszaw 2010, p.190-197
(only in Polish)
Does the educational character of this information justify quoting?