Przeniesienie udziału w autorskim prawie majątkowym

Abstrakt

This article discusses the admissibility of a transfer of the authors share in his authors economic rights through a contract. As it is known, these rights are transferable and the transfer may take place in part or in whole. There is no doubt that transfer of a part of the rights should be understood as a conclusion of an agreement covering the rights to use the work in one or multiple specifically listed fields of exploitation. The question arises, however, as to whether partial transfer of authors economic rights may also result in separating and transferring to the acquirer a fractional or percentage share in the authors economic right. Such a construction is not reflected in the Act on Copyright and Related Acts. Polish Copyright law regulations stipulate to typical solutions: an agreement transferring authors economic rights and a license, however, only basic features of these agreements are specified. Thus, the legislator has to some extent left room for the parties to freely shape the legal relations relating to trading in a copyright, in accordance with the objectives and needs of the agreement. In the authors opinion, the answer should be sought in the very nature and the perception of authors economic right.