However, in copyright law, “work” is the definition of the subject of protection, which is any manifestation of creative activity of an individual character, established in any form, irrespective of value, purpose and manner of expression^[1]. In particular, “works” are:

• those expressed in words, mathematical symbols, graphic signs (literary, journalistic, scientific, cartographic, and computer programs);
• visual;
• photography
• violin-making;
• industrial design;
• architecture, architecture and urban planning;
• musical and verbal-musical;
• scenic, stage-musical, choreographic and pantomimic;
• audiovisual (including cinematographic).

The premise of “creativity” and “individuality ” respectively means meeting the requirements of novelty and originality and distinctiveness from other “works”^[2].

Importantly, a “work” does not have to be completed to obtain protection under PrAut. Its establishment in any form, i.e. its expression by any means, is sufficient.

Therefore, protection does not extend to:

• discoveries;
• ideas;
• procedures;
• methods and principles;
• mathematical concepts.

Furthermore, “works” by their very nature, are also not:

• normative acts or official drafts thereof;
• official documents, materials, signs and symbols;
• published patent or protection descriptions;
• simple press releases.

“Work” does not need to be registered anywhere to obtain protection. The author is entitled to this protection irrespective of the fulfilment of any formalities.

It should be remembered that PrAut does not extend its protection to the media/objects on which the “work” has been fixed^[3]. “Work” is an intangible good that exists by being stored^[4].

[1] Article 1(1) of the Act on Copyright and Related Rights of 28 October 2022 (Journal of Laws of 2022, item 2509 t.j.) (hereinafter: ‘PrAut‘).
[2] Judgment of the Supreme Court of 19 February 2014, ref. V CSK 180/13.
[3] Judgment of the Supreme Court of 15 November 2012, ref. V CSK 545/11.
[4] S. Grzybowski, in S. Grzybowski, A. Kopff, J. Serda, Zagadnienia, pp. 103-104.