Obrót materiałami archiwalnymi - zagadnienia wybrane
Adrian Niewęgłowski, Obrót materiałami archiwalnymi - zagadnienia wybrane, w: Archeion, t. 115, wyd. NDAP, Warszawa 2014. Wydawnictwo dostępne w postaci elektronicznej na stronie NDAP.
Streszczenie artykułu w języku angielskim:"Adrian Niewęgłowski, Trading in archive materials — selected issues. The currently applicableAct on National Archive Resources and Archives regulates to a very limited extent the topic oftrading in archive materials in a broad understanding of the term, i.e. trading as any and all types oflegal activities that lead to obtaining a consent to use an archive material. To a certain extent, the aboveis related to the genesis of the legal act. It was adopted on 14 July 1983, in a completely different legaland economic reality.Although more than 30 years have passed since the Act was adopted, the legislator still fails tokeep up with the changes that accompany the process of trading in archive materials, amending theAct on National Archive Resources and Archives — in the area pertaining to the subject in consideration— in a rather superfi cial way, frequently without any refl ection on whether specifi c legalinstruments being proposed are indeed adjusted to the specifi c nature of the archive materials treatedas a subject of trade.In relation to the development of digital technologies and the advancing phenomenon of digitalizationof cultural resources which have also affected archive resources, the trading in archivematerials should be perceived not only in the area being the domain of the traditional civil law,i.e. acts-in-law involving sales, exchange, donation, storage, or transport of archive materials. Althoughthose acts-in-law were discussed in the paper, attempts were made in it also to look at trading inarchive materials from a different perspective. Strictly speaking, archive materials are in general notonly an object of an ownership title but also a piece of work. Lots of archive materials comprise texts,photographs or other intangible assets which can meet the conditions of a work within the meaningof the Act on Copyright and Neighbouring Rights. What is more, in many cases those works may stillbe protected by the copyright. Such “meeting point” of the copyright and property right must be takenaccount of by the legislator. Otherwise, trading in archive materials will encounter obstacles more andmore frequently." Źródło: Archeion, t. 115