tag:blogger.com,1999:blog-4513524515428334509.post998849929617363461..comments2024-03-10T10:55:11.119+00:00Comments on The 1709 Blog: Assignment, rights in a recording and in an underlying work: a need for explanationMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-4513524515428334509.post-37387249051769299262014-08-26T06:17:32.364+01:002014-08-26T06:17:32.364+01:00See Janusz Barta and Ryszard Markiewicz, "Pol...See Janusz Barta and Ryszard Markiewicz, "Poland" in INTERNATIONAL COPYRIGHT LAW AND PRACTICE (P. E. Geller and L. Bently, eds.; LexisNexis, 2013).Paul Edward Gellerhttp://www.pgeller.com/noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-72261902814126050422014-08-22T13:36:43.810+01:002014-08-22T13:36:43.810+01:00I need to keep my reply short being rather busy on...I need to keep my reply short being rather busy on this last day before I leave for holidays, but I may help you identify the specific legal provisions, which the Polish company refers to.<br /><br />Under Polish copyright law (the Act on Copyright and the Neighbouring Rights of 4 February 1994), as in any decent dualistic systems, authors' rights are divided into non-transferable "personal authors' rights" (art.16) [equivalent to moral rights under English law] and "proprietary authors' rights" (art.17) which consist in transferable exclusive rights to use the copyright work. The latter are usually translated into English as "economic rights" and are further elaborated in art. 50 as a bundle of "modes of exploitation".<br /><br />Rights in recordings (legally defined as "phonograms") are distinguished from copyrights and are protected as neighbouring rights under art. 94 of the Act on Copyright and the Neighbouring Rights. Therefore, strictly speaking, there is no copyright protection (in a narrow sense) in sound recordings, which fall within domain of neighbouring rights (similarly as rights in performances, broadcasts, first editions).<br /><br />Transfer of neighbouring rights in sound recordings definitely does not go together with a transfer of copyright ("economic rights" - since moral rights always say with the original creator) subsisting in the underlying work.<br /><br />Maybe this can help. <br /><br />LukaszAnonymousnoreply@blogger.com