A draft of general terms and conditions of insurance policy held copyrightable – judgement issued by the Polish Supreme Court

Ascertaining the legal position of an author of a work in relation to an entity that uses the author’s idea in its own operations requires a thorough analysis not only of the original work itself, but also the work to which the dispute relates.

The relationship between similar works can sometimes be highly complex, and each fact can affect the legal assessment of the authors’ claims. This observation summarises the Supreme Court judgement (case no. I CSK 257/15).

The object of the dispute eventually reviewed by the Supreme Court was a work that is relatively unusual for copyright, which was a draft of general terms and conditions for insurance for cyclists. It was assessed from the point of view of the currently applicable Polish Copyright Act of 4 February 1994 (text: ISAP).

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