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This is kind of similar to how thing are in Poland, so maybe other countries in EU work the same way? In short, digitalising creates new "pole eksploatacji" (~
by FeatureRush 10y ago
This is kind of similar to how thing are in Poland, so maybe other countries in EU work the same way?
In short, digitalising creates new "pole eksploatacji" (~field of exploitation/utilisation) for image, and by the law each such field needs to be explicitly named in agreement with the author. And no, you CAN NOT give rights to all of them, either known or invented in the future. All of them have to be explicitly named, and the law itself does not contain any list of them, just some examples. For example even if tablet, PC and console all are just a computer for the purpose of distributing video they could be counted as something different even if video is streamed from the same source. Other circumstances like if consumers are buying the copy or just renting it, or if it can be viewed at restricted or any time etc. may also be important. By default author is entitled to payment even if agreement doesn't mention it. Finally apart for the above part (called "autorskie prawa majątkowe") there are also "autorskie prawa osobiste" ( https://en.wikipedia.org/wiki/Moral_rights https://en.wikipedia.org/wiki/Moral_rights ) which can not be licensed away, and at least from my point of view seem to be less popular in US.
I've heard this law (mostly explicitly naming fields of utilisation) creates some issues with digitalisation of old archives here in Poland, but I don't remember the details.
I'm not a lawyer, it's couple of years after I learned it so there might be mistakes, if someone could correct me I would be grateful.
EDIT: better example