Rights and Interaction between Property Owner and Copyright Owner: A Case study of the Polish Trains

Abstract

This article aims to study and analyze rights and authorities of property owners and interactions between property owners and copyright holders for partial use of the properties. This article is based on a dispute between Polish State Railways, the manufacturer and seller of electric trains, and the company providing electric train maintenance for Polish State Railways. In addition, this article analyzes engineering necessity and legal rights based on internationally accepted and comparable legal principles, together with Thailand’s Civil and Commercial Code and copyright laws as necessary.

Analysis results showed that even though computer programs were copyrighted creative works, they were classified as literary works that are recognized and protected by laws. However, exercising such rights must also be governed by the universal principle of good faith. Exercising rights while causing damage to others is unlawful. In regard to property owners who have the exclusive right, explicitly or implicitly, when it appears that the copyrighted work attached to the property for use seriously impedes normal use of the property, the property owners have the right to protect themselves to a necessary extent. Failure to do so may severely impact or even result in the loss of their rights. Thus, when exercised strictly as necessary, such actions are lawful and do not constitute copyright infringement.