Utility use of copyright works in business activity — selected issues

Abstract

The author, in a controversial manner, presents the selected regulation of Polish copyright, which in his opinion is the result of taking into account differences determined by a dif-ferent function of production and “consumption” in relation to the use of intellectual property objects. When used by entrepreneurs, he defines them as “utilitarian” and opposes their “consumer” use, which involves meeting the needs of “target” recipients of products and services related to intellec-tual property. In his considerations he refers to earlier publications of his research results, which were an attempt to justify the usefulness of using in legal analysis another term — “utilitarian works”. The basic general thesis of the study is that, in addition to the regulation of utility works, based on the regulations of Polish copyright, one can see the provisions which differences in the regulation in relation to the general principles, applicable to all works, are based on the “utilitarian” use of works. The subjects of analysis are in particular the provisions on employee works, works being collections and collective works. The work also contains, to a limited extent, references of the conducted analysis to the practice of business trading from the entrepreneurs’ perspective.