Developments of others’ works (e.g. translations, alterations, adaptations) obtain independent protection under PrAut without prejudice to the right to the “original work”.
What is the development of a work?
Development is the undertaking of creative activities that transform an “original work” so that a different, new work (subject matter of the law) is created that has the individual characteristics of the author of the development[1].
The foregoing means that it is possible to create an adaptation of an existing work, such as a screen adaptation of a novel, the creation of a television series based on a cinema film, a paraphrase of a literary work, mixes or photo-collages.
What part of the original work can be used?
It is not possible to define in a way, e.g. a percentage, the share of the “original work” in the compilation. The most important thing is that the compilation does not take over the whole of its predecessor.
With regard to the transformations that should take place in the creation of a study, it should be remembered that the quality of the transformation is more important than the quantity or the degree[2].
When does the author’s consent need to be obtained?
However, the permission of the creator of the “original work” is required for the disposal and use of the derivative rights, unless the copyright on the original work has expired. On the other hand, the author and title of the original work must be mentioned on the copies of the works themselves.
This means that the creator of the “original work” must consent to the commercialisation of the work.
Once this consent is obtained, the creator of the work has 5 years to distribute it. If he fails to do so, the creator of the “original work” has the right to withdraw the authorisation previously granted while keeping the remuneration paid to him.
When does the development not require permission?
However, a work inspired by another’s “work” as well as parodies, pastiches and caricatures based on such a “work” are not considered to be an elaboration (note! to the extent justified by the rights of these genres – more on this in the next article).
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[1] E. Laskowska-Litak [in:] Commentary to the Copyright and Related Rights Act [in:] Copyright Acts. Commentaries. Volume I, ed. R. Markiewicz, Warsaw 2021, art. 2.
[2] Ibid.
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