Adrian Niewęgłowski, Obrót materiałami archiwalnymi - zagadnienia wybrane, w: Archeion, t. 115, wyd. NDAP, Warszawa 2014. Wydawnictwo dostępne w postaci elektronicznej na stronie NDAP.
"Adrian Niewęgłowski, Trading in archive materials — selected issues. The currently applicable
Act on National Archive Resources and Archives regulates to a very limited extent the topic of
trading in archive materials in a broad understanding of the term, i.e. trading as any and all types of
legal activities that lead to obtaining a consent to use an archive material. To a certain extent, the above
is related to the genesis of the legal act. It was adopted on 14 July 1983, in a completely different legal
and economic reality.
Although more than 30 years have passed since the Act was adopted, the legislator still fails to
keep up with the changes that accompany the process of trading in archive materials, amending the
Act 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 legal
instruments being proposed are indeed adjusted to the specifi c nature of the archive materials treated
as a subject of trade.
In relation to the development of digital technologies and the advancing phenomenon of digitalization
of cultural resources which have also affected archive resources, the trading in archive
materials 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. Although
those acts-in-law were discussed in the paper, attempts were made in it also to look at trading in
archive materials from a different perspective. Strictly speaking, archive materials are in general not
only 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 meaning
of the Act on Copyright and Neighbouring Rights. What is more, in many cases those works may still
be protected by the copyright. Such “meeting point” of the copyright and property right must be taken
account of by the legislator. Otherwise, trading in archive materials will encounter obstacles more and
more frequently."
Źródło: Archeion, t. 115
