Protection of the Child’s Creative Output Including Its Legal Protection

Abstract

AbstractThis paper is an attempt to analyze the necessity of defining and extending the protection of the child’s creative process. The starting point for consideration is the key role of artistic instruction in the child’s education and development which justifies providing appropriate framework for that process. The present text defines artistic output as a personal good covered by legal protection and specifies relevant legal regulations underlying the subject. It also reveals the position of the child as a creator with his/her specific characteristics and possible dangers arising from those characteristics. Another issue discussed here is the creative process and its components. In a further part, legal aspects of the child’s situation in the context of creative activity are analyzed with references to the UN Convention on the Rights of the Child (1989), the (Polish) Family and Guardianship Code (1964), the UN Declaration on Rights of the Child (1959) and other legal acts. Finally, the paper addresses objectives of arts education in the light of the discussed issues. Conclusions include an indication of certain similarity between some areas of interest in pedagogy and in law. The main conclusion comes down to a statement that in the education process we should take into consideration so-called creative integrity which constitutes a personal good of both the adult and the child, and which is covered by legal protection.