https://doi.org/10.31261/PPPM.2018.23.10
Article 29 of the Act of 4 February, 1994 on Copyright and Neighbouring Rights establishes institution called “citing right”. This regulation shows conditions which must be met by person using somebody’s work within this legal construction. First of all the cite must be recognizable and distinctly marked in the work where it appears. The manner of editing article 29 by putting into it unsharp and undefined terms, causes that everytime when it is used, his scope needs individual interpretation, taking into consideration all connected circumstances. Such a situation creates basis to use or even to abuse citing right by copyright trolls. Copyright trolling is new phenomenon which development has proceeded gradually, together with Internet expansion. By this time it hasn’t neither his own legal definition, nor statutory regulation in Polish law. It consists in mass sending final payment demands which purpose is to gain copyrights protection by using binding regulations when such a protection doesn’t entitle. The juxtaposition of legal regulations concerning to citing right and copyright trolling phenomenon leads to explanation how first of them can be use by copyright trolls. In this context it is absolutely necessary to analyze: threats for unrestrained functioning citing right in practice, the problem how to use it according to law and how to stand against copyright trolls forcefully.
Download files
Citation rules
Cited by / Share
Licence
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
The Copyright Owners of the submitted texts grant the Reader the right to use the pdf documents under the provisions of the Creative Commons 4.0 International License: Attribution-Share-Alike (CC BY-SA). The user can copy and redistribute the material in any medium or format and remix, transform, and build upon the material for any purpose.
1. License
The University of Silesia Press provides immediate open access to journal’s content under the Creative Commons BY-SA 4.0 license (http://creativecommons.org/licenses/by-sa/4.0/). Authors who publish with this journal retain all copyrights and agree to the terms of the above-mentioned CC BY-SA 4.0 license.
2. Author’s Warranties
The author warrants that the article is original, written by stated author/s, has not been published before, contains no unlawful statements, does not infringe the rights of others, is subject to copyright that is vested exclusively in the author and free of any third party rights, and that any necessary written permissions to quote from other sources have been obtained by the author/s.
If the article contains illustrative material (drawings, photos, graphs, maps), the author declares that the said works are of his authorship, they do not infringe the rights of the third party (including personal rights, i.a. the authorization to reproduce physical likeness) and the author holds exclusive proprietary copyrights. The author publishes the above works as part of the article under the licence "Creative Commons Attribution-ShareAlike 4.0 International".
ATTENTION! When the legal situation of the illustrative material has not been determined and the necessary consent has not been granted by the proprietary copyrights holders, the submitted material will not be accepted for editorial process. At the same time the author takes full responsibility for providing false data (this also regards covering the costs incurred by the University of Silesia Press and financial claims of the third party).
3. User Rights
Under the CC BY-SA 4.0 license, the users are free to share (copy, distribute and transmit the contribution) and adapt (remix, transform, and build upon the material) the article for any purpose, provided they attribute the contribution in the manner specified by the author or licensor.
4. Co-Authorship
If the article was prepared jointly with other authors, the signatory of this form warrants that he/she has been authorized by all co-authors to sign this agreement on their behalf, and agrees to inform his/her co-authors of the terms of this agreement.
I hereby declare that in the event of withdrawal of the text from the publishing process or submitting it to another publisher without agreement from the editorial office, I agree to cover all costs incurred by the University of Silesia in connection with my application.
Vol. 23 (2018)
Published: 2018-12-31
10.31261/PPGOS
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
English
Język Polski