Aleksandra Bagieńska-Masiota
Krakowskie Studia z Historii Państwa i Prawa, Tom 16, Zeszyt 2, Tom 16 (2023), s. 237 - 248
https://doi.org/10.4467/20844131KS.23.015.17833Issues Concerning Legal Protection of Artistic Performances in Poland in the Years 1919–1994 (Part I)
The article presents the views of the legal doctrine and the discussions related to attempts to bring artistic performances under legal regulation, from 1918 to 1945. Between 1918 and 1945 an artistic performance draft law was created. However, the bill never became law due to a lack of support from the legal community. The actual protection of rights in regard to artistic performances was provided by the provisions of copyright law.
Aleksandra Bagieńska-Masiota
Krakowskie Studia z Historii Państwa i Prawa, Tom 16, Zeszyt 4, Tom 16 (2023), s. 487 - 510
https://doi.org/10.4467/20844131KS.23.041.19035Issues Concerning Legal Protection of Artistic Performances in Poland in the Years 1919–1994 (Part II)
The article presents the views of the legal doctrine and the discussion concerning the attempts to extend the legal regulation of artistic performances in Poland in the period after World War II, including the discussions in the Sejm of the first and second term in the early 1990s, accompanying the enactment of the currently binding Act on Copyright and Related Rights. During this period, many bills – the first ones from the 1960s and 1970s – failed to be translated into the language of the current legislation. In the period immediately after World War II, the doctrine took the position that the protection of performers could be derived from the provisions protecting the creators themselves. In practice, however, protection was implemented through the provisions of civil law and labour law. It was only after the change of the social and political system in Poland in 1989 that the work of the Sejm of successive terms of office led to the enactment of legislation protecting the rights of performers.