Wolność I Swoboda Twórcza a Zarzut Autoplagiatu W Utworze Naukowym

Abstract

Contemporary codes of values functioning in the area of science and concerning the authors of scientific works more frequently define auto plagiarism as an abuse on the part of the creator, aimed at evoking an untrue belief in the creativity and ingenuity of the creators. Is every reuse of creativity in a newly created work reprehensible from the point of view of both law and ethics? The content indicates the legal dependencies between the author and her work. Additionally, the constitutional meaning of creative freedom has been recalled, which in fact is understood as one of the basic rights being also present in the provisions of international acts. The following question has been posed: is this law unlimited? Arguments against the assumption that the freedom of creation possesses a ius absolutum character have been presented. Where to look for the author's limits of freedom in the context of civil power over the work? In the freedom and rights of other people as well as in the definition of a legal work, as elements being necessary to name an intellectual creation appear therein-in the sense of copyright law. The freedom of sciences is the foundation of every democratic order. However, is science, having an amazing power of influence on reality, subject to limitations? The article confirms such the thesis.