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This time, together with Dziennik Gazeta Prawna, Michał Markiewicz, and Ryszard Markiewicz, we invite you to “Kłótnia Markiewiczów” (The Markiewicz Argument) and an episode in which we discuss artificial intelligence and its impact on current copyright structures, including, among others, the presumption of authorship of a work. We also consider whether copyright law in its current form can survive the development of new technology. We invite you to watch and continue the discussion. Link to the material in the comment. Link to the article: https://www.gazetaprawna.pl/wideo/klotnie-markiewiczow/wideo/10615216,czy-ai-moze-miec-prawa-autorskie-klotnie-markiewiczow.html

In today’s Dziennik Gazeta Prawna, Dr. Michał Markiewicz answers questions from editor Renata Krupa-Dąbrowska about Santa Claus, industrial designs, and copyright law. He recalls, among other things, the excellent campaign by Bartosz Fert, which led to the invalidation of the Community design (now EU design ;)) covering Santa Claus’s costume. However, designs alone are not everything; attempts were also made to use copyright to monopolize Santa Claus’s costume. And who came up with the now globally accepted look of Santa Claus? This is also discussed in a short interview. I would like to take this opportunity to wish you all a Merry Christmas and a Happy New Year! Link to the article: https://serwisy.gazetaprawna.pl/prawo-autorskie/artykuly/10608584,kto-ma-prawa-do-swietego-mikolaja-w-razie-sporu-decyduje-sad.html

An article by Wiktoria Matysiak, a trainee legal advisor, appeared in the latest, almost New Year’s Eve issue of ZNUJ. To quote the author, “The text concerns a phenomenon (construction?) that I learned about a few years ago in one of my first copyright law classes and about which I have heard little since. Perhaps this is because many approached it with a grain of salt. But since the existence of parallel works has recently been confirmed by the CJEU itself (judgment in the MIO/konektra case), I encourage you to read it all the more.” Link to the article:https://sip.lex.pl/#/publication/151531663

To quote the professor: “I was inspired to write addendum no. 12, entitled ‘Shoes in copyright law,’ by a shoe from a salt mine displayed in the office of my friend, who is also known for his excellent photo albums. Descriptions of the lawsuits concerning shoes and sandals were a pretext for a few somewhat trivial comments.” Firstly, it can be observed that in cases concerning consumer goods, the plaintiff, as a precaution, raises all theoretically possible grounds for protection, usually including the allegation of copyright infringement, regardless of the real chances of it being upheld. Secondly, disputes concerning industrial designs clearly show how vague the criteria for the characteristics of a work are and how intuitive their application is. Moreover, in EU countries, despite formally common rules for determining the existence of a work, there are fundamental differences in the “severity” of assessments as to whether a given product already meets the required degree of creativity. Thirdly, it seems that in the case of industrial designs, allowing their cumulative protection under the provisions on works, trademarks, and industrial designs often leads to abuse of the copyright protection function—which is particularly long and restrictive, as it is geared towards a different type of creativity and other interests deserving of protection. Link to the article: https://www.prawo.pl/biznes/prawo-autorskie-i-wzory-przemyslowe-prof-markiewicz-o-butach,536378.html

We wish all our friends, acquaintances, and followers on LinkedIn a joyful celebration, or at least a good rest, and then a successful start to the New Year 2026, wherever you may be.

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

We are delighted to invite you to listen to the first podcast in the series “The Markiewiczes’ arguments” created in collaboration with Dziennik Gazeta Prawna. We would like to thank editor Tomasz Pietryga for his trust. In this episode, Professor Ryszard Markiewicz and Dr. Michał Markiewicz discussed the limits of copyright protection—when can we actually talk about a work? One of the inspirations for the conversation was the opinion of Advocate General Maciej Szpunar in a case concerning the copyright classification of tables and modular cabinets. The CJEU ruling on this case is due on December 4! Link: https://www.gazetaprawna.pl/wideo/klotnie-markiewiczow/wideo/10595761,utwor-jest-czy-nie-ma-granice-prawa-autorskiego-klotnie-markiewiczo.html