http://hdl.handle.net/11320/12939 Mon, 01 Jun 2026 16:05:10 GMT 2026-06-01T16:05:10Z http://hdl.handle.net/11320/12976 Tytuł: Ustanie stosunku pracy pracownika naukowego z powodu popełnienia plagiatu Autorzy: Stefański, Krzysztof; Żywolewska, Katarzyna Abstrakt: This article explains the concept of plagiarism and the legal regulations which result from the effects of plagiarism by a researcher. Compliance with copyright is undoubtedly a fundamental and extremely important duty of academics. The provisions of the Act on the Polish Academy of Sciences, on research institutes and on higher education and science are discussed. Depending on the basis for establishing the employment relationship and the unit in which the researcher is employed, the legislator has defined various effects in a situation where plagiarism is committed. If a researcher plagiarises, he or she may be disciplined, and the employment relationship may then be terminated. The analysis of the provisions and the relevant judgments of the courts show that the legislator has not clearly regulated these issues, hence the critical remarks and de lege ferenda conclusions. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/12976 2022-01-01T00:00:00Z http://hdl.handle.net/11320/12975 Tytuł: Prawo do zryczałtowanego odszkodowania za naruszenie przez pracodawcę majątkowych praw autorskich pracownika Autorzy: Kwiecień, Sebastian; Witoszko, Wioletta Abstrakt: The issue of determining the amount of flat-rate compensation for an employer’s infringement of an employee’s copyright of their own work remains disputed, particularly in practice. It is a claim for payment of a sum of money corresponding to twice the remuneration that at the time of its investigation would have been due by way of consent to the use of the work by the rightholder. The article presents a problematic issue regarding the award of compensation to an employee who proves copyright infringement but who is not obliged to determine the type of damage or its extent, nor to prove the fault of the employer. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/12975 2022-01-01T00:00:00Z http://hdl.handle.net/11320/12974 Tytuł: Kontrowersje wokół pojęcia „materiału urzędowego” Autorzy: Grzybowski, Marcin Abstrakt: Art. 4(2) of the Act of Copyright and Related Rights (1994) excludes the texts mentioned therein from the protection provided for in the copyright law. The legislator makes use of the reference to the regulation of national law contained in the Berne Convention. Of the exclusions listed in Art. 4(2) ‘official materials’ are the most undefined conceptual category. In many judgments the administrative courts have placed all written studies which did not have the characteristics of an ‘official document’ in the category of ‘official materials’. This concerns materials produced by public authorities and studies submitted at the request of an office by external entities. The author analyses judgments of administrative courts in which the concept of official material appeared and the qualifications to this category. He points to the jurisprudence according to which the official material is a text which a) comes from a public authority, b) relates to an offi cial case, and c) was created as a result of an official procedure. This approach is opposed by the Supreme Court in their judgment of 2009 and the bulk of copyright doctrine. In the final part the author discusses the status of the expert studies and justifies his own terminology proposals. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/12974 2022-01-01T00:00:00Z http://hdl.handle.net/11320/12973 Tytuł: Instytucja nadużycia prawa podmiotowego a możliwość miarkowania ryczałtowego roszczenia odszkodowawczego w polskim prawie autorskim Autorzy: Ghazal, Nicholas Abstrakt: In accordance with Article 79 (1)(3)(b) of the Polish Copyright and Related Rights Act, a right holder whose economic rights have been infringed may request the person who infringed those rights to remedy the loss caused by payment of a sum of money corresponding to twice the amount of the appropriate fee. The wording of the above provision indicates that the amount of the lump-sum compensation is not related to the damage sustained by the copyright holder. The ECJ has held that the regulation in question is in conformity with EU law. It follows from the ECJ’s judgment that Polish law permits reduction of a lump-sum claim in a situation where it exceeds the actual damage so clearly and substantially that such a demand would constitute an abuse of rights prohibited under Article 3(2) of Directive 2004/48. The possibility of mitigating damages is therefore a condition for the compatibility of the lump-sum compensation formula with EU copyright law. The aim of this paper is to examine whether the construction of abuse of rights allows for the reduction of the amount of a lump-sum compensation. Sat, 01 Jan 2022 00:00:00 GMT http://hdl.handle.net/11320/12973 2022-01-01T00:00:00Z