News

Yesterday’s edition of Dziennik Gazeta Prawna featured an article by attorney Wiktoria Matysik on one of the latest amendments to the Civil Code and its impact on the system of protection of personal rights, including both common law and copyright. “In it, I write about why the accumulation of claims for compensation and payment for social purposes is permissible in the case of harm resulting from inducing sexual intercourse by deception and unlawful use of an image, but at the same time excluded in the case of damage to reputation—and what doubts this raises from the perspective of systemic consistency.” Link to the article: https://serwisy.gazetaprawna.pl/orzeczenia/artykuly/10586141,jak-zmiana-lub-na-albo-wywolala-chaos-w-systemie-ochrony-dobr-osob.html

I recently provided a comment to editor Tomasz Ciechoński on an article that appeared on the prawo.pl website concerning the issue of review bombing. What is it? Can you protect yourself against it? And what should you do if your rights are violated? Link to article: https://www.prawo.pl/biznes/ai-a-prawo-autorskie-prof-markiewicz-o-przypadku-beksinskiego,535172.html

I recently provided a comment to editor Tomasz Ciechoński on an article that appeared on the prawo.pl website concerning the issue of review bombing. What is it? Can you protect yourself against it? And what should you do if your rights are violated? Link to article: https://www.prawo.pl/biznes/review-bombing-jak-sie-bronic-przed-hejtem,535026.html

Yesterday, Dr. Michał Markiewicz had the pleasure of chairing a panel at the PINT25 conference on contractual practices related to AI training. “I would like to thank the excellent panelists for an interesting discussion: Aleksandra Auleytner, Zbigniew Okoń, Dr. Adam Karpiński, Katarzyna Jasińska, and Karina Kunc-Urbańczyk.” The issue was examined from several perspectives: defining AI training in the context of the exploitation of works, problems related to the TDM exception and the opt-out clause, the organization of AI system training processes and its impact on contracts, contractual practices regarding the use of AI by contractors, and the limitations and risks associated with the terms of use of AI tools. More about the event: https://pint25.oirp.krakow.pl/

Next week, Dr. Michał Markiewicz will have the pleasure of speaking at the 34th Economic Forum in Karpacz. He will take part in a panel discussion devoted to the challenges that artificial intelligence poses for law and business. This year’s Forum program promises to be extremely interesting and includes many inspiring debates – we highly recommend following the panels. The Forum will also be an excellent opportunity for meetings, inspiring conversations, and the exchange of experiences. See you in Karpacz on September 2–4, 2025.https://www.linkedin.com/company/eastern-institute/

In his latest article [Comments No. 8], Prof. Ryszard Markiewicz reflects on the so-called panorama right, which limits the copyright protection of works permanently located in public places. I illustrate the legal issues mainly with the sculpture “Spętany Eros” by Igor Mitoraj, located in the market square in Krakow. “I am mainly concerned with the negative consequences of the lack of uniform regulation of this form of permitted use in different countries, the possibility of using drones to take photographs, the ways in which works based on the panorama right can be exploited, and other forms of permitted use that legalize the exploitation of works similar to those covered by the panorama right.” Link to the article: https://www.prawo.pl/biznes/prof-markiewicz-prawo-panoramy,534083.html

Last week, Rzeczpospolita published an article by Dr. Michał Markiewicz commenting on the opinion of Advocate General Emiliou of the CJEU issued in case C-590/23 concerning pastiche in European copyright law. This opinion is very interesting in many respects, not least because the Advocate General, while openly criticizing European law for limiting creative freedom, also clearly emphasizes that the limits of permissible interpretation of the law do not allow for interpretations that open up the right of pastiche to the possibility of extensive use of other people’s works in the context of art. Particularly noteworthy is the Ombudsman’s analysis of the compatibility of European copyright law (directives) with the EU Charter of Fundamental Rights, both in relation to the right to phonograms and copyright (leading to different conclusions regarding these rights) – I describe the details in the text. Link to the article: https://www.rp.pl/rzecz-o-prawie/art42770491-michal-markiewicz-prawo-pastiszu-czy-tsue-tez-bedzie-konserwatywny