The rights to the name of the artistic ensemble

Thesis of the judgment of the WSA in the BREAKOUT case: As a general rule, the right to the name of an artistic ensemble is attributed to all its members. However, the situation is different when it concerns an ensemble formed, named and led by one of its members in such a clear and obvious manner that it is considered to be that person’s ensemble. Consequently, there are no grounds for attributing the right to the name of the ensemble to its other members.

The reasons of the judgment of the WSA (Voivodship Administrative Court) in Warsaw refers to the judgment of the SN (Supreme Court) of 30 May 1988, ref. no. I CR 124/88, cited by the WSA, in which the SN held that the general rule: “is the attribution of the right to the name of an artistic ensemble to all its members. However, the Supreme Court pointed out that the situation is different when it concerns an ensemble formed, named and led by one of its members in such a clear and obvious manner that it comes to be regarded as that person’s ensemble.”

The WSA held that: “a common right to a name will not be enjoyed by all members of an ensemble if one leading figure in the ensemble can clearly be distinguished from the group of musicians whose participation in the formation of the ensemble and its day-to-day functioning is dominant.”
To find the CDs with the music of Mr Tadeusz NALEPA, it is enough to type “BREAKOUT BLUES” in Google.