Prawo do bycia artystą – sztuka i prawo autorskie

Abstract

This article discusses the relationship between author’s rights and art. Drawing upon examples from literature and music, the author of the article shows how imprecisely drafted law relates to fundamental issues in art. Author’s rights and print technology have historically had a mutually influential relationship, a dynamic which continues through present times. The conflict between laws written within the ‘print paradigm’ and art created with new technology gives rise to various problems which could be described as the crisis of author’s rights. Plunderphonics, a style of music that is strictly connected to sampling, creates antinomy between author’s rights and artistic freedom. Plunderphonic pieces are based on works of other authors. They sample, quote and appropriate them. Therefore, the problem of the legality of works drawing upon the creation of others emerges. In addition to historical definitions and descriptions of art arises a new definition: art that questions the legitimacy of author’s rights – illegal art.