Zadośćuczynienie za naruszenie autorskich praw osobistych po śmierci twórcy

Abstract

In art. 78 section 2 PrAut the right to protection and exercise of personal copyrights after the death of the creator has been granted to the persons mentioned in this provision. This is an extraordinary situation because, by its very nature, personal rights expire when a person dies. Such a solution raises discussion and is a source of doctrinal controversy. The subject and the rules of its compliance with the civil law system require determining what constitutes the subject of the protection granted, and therefore whether the claim for compensation for harm suffered as a consequence of the violation of personal copyrights after the death of the creator is a claim on behalf of the deceased creator, or is an autonomous personal right assigned to entities indicated in the Act. The paper discusses the concept of personal copyrights and their relationship to the personal rights of general law. There were pointed out the main theses of the literature on the subject of the protection of personal copyrights after the creator’s death. In this context, monetary recompense after the creator’s death has been considered. It was assumed that the decision depends on how the entity that raises a claim for monetary recompense will determine the harm.