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Acta Iuris Stetinensis
Article . 2017
Data sources: DOAJ
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Praca dyplomowa jako przedmiot prawa autorskiego

Authors: Aleksandra Bagieńska-Masiota;

Praca dyplomowa jako przedmiot prawa autorskiego

Abstract

In the article, the author puts a following question: can the way of defining terms “independent” and “work” from Act on Copyright be used in relations to diploma theses, or should these definitions be replaced by the grammatical interpretation on the basis of Law on Higher Education Act (according to the rule of terms’ autonomy in specific legal act)? To answer the question, the author introduces dictionary meanings of considered terms, and then presents their meaning on the grounds of copyright. The author arrives at conclusion that different definitions of words “independent” and “work”, used to define diploma thesis by the Law on Higher Education Act and on the grounds of copyright, are mutually exclusive. Interpretation of the phrase “independent work” on the basis of Law on Higher Education Act should happen through grammatical interpretation of these terms. In the next part of the article, the author wonders if lack of agreement on the meaning of terms “work” and “independence” between copyright law and Law on Higher Education Act eliminates the possibility of copyright protection of diploma theses. The author arrives at conclusion that diploma thesis can be an object of copyright, as long as they fulfil conditions named by Art. 1 of the Copyright Act. These conditions consist of specific for this branch of the law prerequisite conditions of providing copyright protection for intellectual product of human labour. They exist next to character requirements of diploma thesis in the Law on Higher Education Act, which include specific way of expression, necessity of preservation of diploma thesis (in case of written thesis) and necessity of presenting certain value.

Keywords

independent work, diploma thesis, JF20-2112, object of copyright, Political institutions and public administration (General), K, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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