The Recipient in Law
New attitudes toward culture in Poland after 1989
Prof. Dr. Przemysław Czapliński (Posen)
Over the past three decades, Poland has seen an increasing number of lawsuits filed against cultural works. Artists are most often accused of violation of religious feelings (Article 196 of the Criminal Code), personal rights (Art. 23 of the Civil Code), copyright, and related rights (Act of February 4, 1994, on copyright). Among the defendants were visual artists (e.g., Dorota Nieznalska), historians (Jan Tomasz Gross, Jan Grabowski), writers (Henryk Grynberg, Olga Tokarczuk) and theater directors (Oliver Friljić). The increased frequency of lawsuits is the result not only of a growing legal awareness in society, but also of the emergence of a "legal attitude" towards art. The new attitude is defined by the belief that a work of art should first and foremost be subjected to legal interpretation and, from that perspective, directed to corrections or withdrawn from public circulation. It is necessary to ask where the new attitude comes from and what effects it leads to.
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