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Dr Katarzyna Błeszyńska
ORCID: 0000-0003-4982-0176

Dr Katarzyna Błeszyńska

Research worker at the Department of Media Law at the Faculty of Journalism, Bibliology and Information at the University of Warsaw, lecturer in copyright and press law. Legal advisor at the law office Błeszyński i Partnerzy Radcowie Prawni, specializes in copyright and press law.

 
DOI: 10.33226/0137-5490.2022.9.3
JEL: K, Z

The aim of the article is to show that an architectural work is not uniform in its form and that within it there may also be works classified as landscape architecture, for which a moral right to mark the authorship of a work should be exercised. As a result, it will also enable the proper performance of works of fair public use, which is the so-called right of the panorama, with the obligation to mark authorship. Successors of economic copyrights very often treat works of architecture and landscape architecture as purely utility items, violating moral rights, in particular by repeatedly not marking them. The utility value of the works in question should not deprive their authors of the right to decide how and whether the work is to be marked. Without the author's consent, no one should arbitrarily decide on the anonymous presentation of such works, especially since there are no real obstacles to revealing their authorship e.g. on plaques, plaques, placed in a visible place, which should become a good practice and evidence of social cultural identity.

Keywords: architectural work; landscape architectural work; marking the authorship; copyright; site specific art
DOI: 10.33226/0137-5490.2020.6.5

The article undertakes an analysis of the grounds, purpose and scope of copyright limitation in relation to works permanently displayed on publicly accessible roads, streets, squares or gardens in so-called freedom of panorama. With regard to copyright restrictions, which constitute an exception to their absolute protection provided for in the Act, it is reasonable to specify and justify the purpose of permitted public use. The article indicates and justifies the basis for the restriction as: access to culture, stating that this concept is not the same as the definition of a cultural good. To this end, a concise interpretation of the restrictive provision was made, as well as an analysis of legal guarantees in the field of access to culture, cultural heritage, cultural heritage in legal regulations, with particular emphasis on the definition of the good of culture, indicating the lack of coherence of the concepts of the work and the good of culture.

Keywords: fair use of works; culture; copyright restriction; freedom of panorama; work