End of dispute on infringement of personal interests of famous actress

26.01.2017

C.R.O.P.A., the TMT and IP Law Firm, has successfully ended court proceedings conducted on behalf of well-known actress, Anna Przybylska, and her heirs, with the publisher of FAKT daily newspaper, Ringier Axel Springer Sp. z o.o. Legal services in the case were provided by attorneys-at-law Janusz Piotr Kolczyński and Maciej Tomaszewski. In the course of the procedure, the Law Firm secured a number of beneficial court rulings for its principals, including the precedent-setting and effective injunctive reliefs. For example, the Court of Appeal in Warsaw, in its decision of 11 April 2016 (VI ACz 164/16) decided that the children’s right to cherish the memory of their mother is overriding the right of the readers of “Fakt” daily newspaper to cherish the memory of such person. It was also ascertained that the family of Anna Przybylska has the right to cherish her memory, which may form a basis for the ban on publishing the image of the deceased and that in cases on protection of material interests, there is no efficient injunctive relief other than the one that even partially leads to the satisfaction of interests. The Court of Appeal in Warsaw also suggested, in a precedent-setting manner, that in spite of absence of a clear provision, the right to distribute the image may form a part of the inheritance of the deceased (Art. 922 § 1 and 2 of the Civil Code).