Digitization in the narrow sense means the conversion of analogue data into digital form. Looking more broadly through the prism of the protection of cultural heritage, digitization of its objects means not only the conversion of analogue objects into their digital version, but is also related to the processing of the obtained material, file management, and finally, but not always, the sharing of digital documentation. It is not a simple procedure because it has many limitations, including those arising from issues of the copyright protection of digitized works. The aim of this article is to present the challenges related to copyright in relation to the digitization of cultural heritage in the light of Polish law and policy. Poland is one of the countries where the process of digitization of cultural heritage is developing dynamically, both through government programmes and grassroots digitization movements. However, there is no separate regulation in the Polish legal system devoted to the digitization of cultural heritage resources. This makes it difficult to ensure the digitization of a significant part of collections due to the limitations resulting from copyright and their relation to works that can potentially be transferred into the digital space.
In 1890, Vincent van Gogh moved from Paris to Auvers-sur-Oise, where he met Dr. Paul-Ferdinand Gachet, who agreed to host and take care of the painter, especially regarding his mental health. However, he did not manage to save the artist, who committed suicide the same year. His hopeless mental health was seen in the famous portrait of Dr. Gachet, which radiated a distinct melancholy and sadness. The Portrait of Dr. Gachet was bought for $ 82.5 million by a Japanese millionaire and art collector, Ryoei Saito, who said that after his death it was to be burned along with his corpse. It raised loud objections in the art world, which recognised the common good and the legacy of our cultural heritage in the painting. This case is a classic example of a dispute between the ideals of liberalism and communitarianism and is seen as a hard case in law. The aim of the article is to present the history of The Portrait of Dr. Gachet and its place in the dispute between liberalism and communitarianism (in the context of cultural heritage law), which in turn means that this case can be seen as a hard case.
The fashion industry is characterized by a fast pace of changes and very dynamic development. Designers annually introduce several collections, each of them containing a few dozen silhouettes, which makes it extremely difficult to provide effective legal protection for their projects. In effect designs reminiscent of those presented on the catwalk appear, which currently, in the era of the Internet and social media, is happening quickly, often even before designer collections go on sale. Due to the lack of legal regulations created specifically for the fashion industry, this industry derives protection primarily from intellectual property rights. The article aims to present the significance of this branch of law for the fashion industry, as well as possible protection measures.
Legal measures to protect fashion design in the People’s Republic of China
This article aims, first, to present means of protecting fashion design offered by intellectual property law in the People’s Republic of China. The author briefly discusses the intellectual property law system in China, detailing the instruments that help protect fashion designs. Second, examples show how the protection mechanisms of intellectual property rights are applied in practice. The author also briefly describes the characteristics of the fashion industry as a specific market and the potential threats to it.
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