17 December 2017

A bigger problem than determining whether a given photograph is a work appears in the case of product descriptions.
In one of its judgments, the Supreme Court stated that a collection of posters or advertisements, catalogs, railway timetables, cookbooks, formulas, forms – may be subject to copyright if their form, arrangement or explanations are independent and individual; it is protection of the so-called external originality. The Supreme Court stressed the originality of the works in it. One should consider the possibility of assigning this characteristic to product descriptions.

So what is this originality?

The courts enigmatically argue that the premise known as “originality” is realized when there is a subjectively new product of the intellect (eg the judgment of the Court of Appeal in Poznań of 07.11.2007, I ACa 800/07, verdict of the District Court in Wrocław dated 10/05/2013, IC 1879/12) and examine this premise in each case considered.

However, it should be noted that there is a position among lawyers that usually descriptions of products are not works. However, always pay attention to the so-called the creative part of the description, i.e. the layout of the text and the order of the description of the individual elements of the product, which can make the product description be considered as a work.