open access
Status of derivative works of scientific publications under copyright law and publication standards
Affiliations- Intellectual Property Law Chair, Jagiellonian University, Kraków, Poland
open access
Abstract
Introduction. The article aims to present the principles of derivative works (including translations) of original and others’ scientific publications in copyright law and publication standards.
Material and methods. The analysis concerns the legal status of derivative works as so-called derivative (dependent) works under copyright law, with the indication of the practice of regulating dependent rights relevant to derivative works in publishing contracts and publication guidelines.
Results and discussion. Works prepared on the basis of original work and translations of works have a special status in copyright law. On the one hand, they are subject to the personal and economic copyrights of the person who created them, while on the other, the exploitation of such derivative works is subject to the consent of the author of the original work based on the construction of the so-called dependent copyrights. In practice, this category of work may create uncertainty as regards the proper grounds for exploitation of such modified scientific publications by other authors, as well as problem of unreliable duplication of one’s scientific achievements in the form of modified versions of previous work.
Summary. The condition for the authorised preparation and exploitation of derivate works by other authors requires an awareness of the regulations concerning this category of work, as well as consideration of previous contractual provisions concerning the disposal of dependent rights to the original works on which they were based.
Abstract
Introduction. The article aims to present the principles of derivative works (including translations) of original and others’ scientific publications in copyright law and publication standards.
Material and methods. The analysis concerns the legal status of derivative works as so-called derivative (dependent) works under copyright law, with the indication of the practice of regulating dependent rights relevant to derivative works in publishing contracts and publication guidelines.
Results and discussion. Works prepared on the basis of original work and translations of works have a special status in copyright law. On the one hand, they are subject to the personal and economic copyrights of the person who created them, while on the other, the exploitation of such derivative works is subject to the consent of the author of the original work based on the construction of the so-called dependent copyrights. In practice, this category of work may create uncertainty as regards the proper grounds for exploitation of such modified scientific publications by other authors, as well as problem of unreliable duplication of one’s scientific achievements in the form of modified versions of previous work.
Summary. The condition for the authorised preparation and exploitation of derivate works by other authors requires an awareness of the regulations concerning this category of work, as well as consideration of previous contractual provisions concerning the disposal of dependent rights to the original works on which they were based.
Keywords
derivative works; translations; modification of scientific publications; copyrights and translations; dependent copyrights
About this articleTitle
Status of derivative works of scientific publications under copyright law and publication standards
Journal
Nowotwory. Journal of Oncology
Issue
Article type
Other materials agreed with the Editors
Pages
118-120
Published online
2020-06-16
Page views
825
Article views/downloads
653
DOI
Bibliographic record
Nowotwory. Journal of Oncology 2020;70(3):118-120.
Keywords
derivative works
translations
modification of scientific publications
copyrights and translations
dependent copyrights
Authors
Justyna Ożegalska-Trybalska
References (7)- Dz. U. z 2019 r. poz. 1231.
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- Decision of the Polish Supreme Court of 28.11.2006 r., IVCSK 203/06, LEX nr 39175.
- See e.g Publishing ethical standards, Medycyna Praktyczna. https://www.mp.pl/onas/etyka_wydawnicza/205515,zasady-etyki-wydawniczej (02.05.2020).
- Code of Ethics for Research Workers. Second Edition (adopted by the Science Ethics Committee and enacted by the General Assembly of the Polish Academy of Sciences on 1 December 2016. https://instytucja.pan.pl/index.php/kodeks-etyki-pracownika-naukowego (02.05.2020).