DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – COMMENTARY ON NADIA SENKOWSKA’S ARTICLE

Today’s Rzeczpospolita published an article by editor Nadia Senkowska, which included a comment by Dr. Michał Markiewicz on the scandal involving “money sandwiches.” Although this term is catchy, it is in fact a translation of the phrase “money sandwich.” The translation itself does not, of course, preclude copyright protection of the derivative work (adaptation), but in this case, I have no doubt that both the original and the translation are not protected by copyright. This is because a combination of a few words does not reflect the personality of the creator. This requirement, particularly following the CJEU ruling of December 4, 2025 (C-580/23 and C-795/23), seems to be the key element of European copyright law that will allow for a rebalancing of the boundaries of copyright protection and, ultimately, raise the threshold at which it will be granted. Link to the article: https://www.rp.pl/internet-i-prawo-autorskie/art43506581-maslowska-zarzuca-englert-wykorzystanie-kanapek-z-hajsem-prawnicy-nie-maja-watpliwosci