Skala i przyczyny powstawania zjawiska utworów osieroconych w aspekcie historycznym

Abstract

Analysis of principles of copyright and positions of representatives of philosophical thought evolving over the centuries, appointed to justify the establishment of copyright, leads to the conclusion that there has not always existed the possibility to orphan a work. The creation of the problem of orphan works is closely connected strictly with changing paradigms of orphan works. There is the correlation between the age of work and the scale of orphan works – the older the work, the more likely that you will not be able to establish proper communication with the holder of the copyrights. Resulting from the Berne Convention the principle of non-formalism in copyrights protection is a challenge for the modern science of intellectual property rights. It remains an open question about the possibility of dynamic interpretation of treaty solutions by taking into account, in particular, a teleological interpretation and recognition ensuring the fullest possible protection of authors of works as that of the main aim of the creators of an international agreement from the nineteenth century. The changing conditions of exploitation of works in the age of development of technology could be invoked to justify the introduction of certain formalities to ensure effective mechanisms of copyrights protection and to prevent the phenomenon of orphan works.