Open AccessSome remarks on the specific character of author’s personal interests and the concept of their protection (on the example of the right to authorship)
Author(s) -
Bogusława Gnela
Publication year - 2015
Publication title -
ruch prawniczy, ekonomiczny i socjologiczny
Language(s) - English
Resource type - Journals
eISSN - 2543-9170
pISSN - 0035-9629
DOI - 10.14746/rpeis.2015.77.2.3
Subject(s) - moral rights , character (mathematics) , law , copyright law , exclusive right , work (physics) , political science , law and economics , sociology , intellectual property , engineering , mathematics , mechanical engineering , geometry
The article advocates against the concept of protection of civil personal rights using an absolute subjective right and affirms the concept of so-called institutional protection of personal rights. It has been claimed, based on the ‘right to authorship’ example, that the right to authorship should constitute the main personal right protected by copyright law rather than be protected by subjective moral rights of the author. ‘The right to authorship of the work’ is nota subjective right, but it is (in fact) an intangible right to authorship, protected by copyright law.