Poland has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 23 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This excettion allows for the use of single copies of already disseminated works for personal use (by a group of individuals who are related, especially by blood or marriage, or who are in a social relationship). Building according to another author’s architectural or architectural and urban planning works, or to use electronic databases having the features of a work, for other than own non-profit use for academic purposes, are expressly left out.
Implementation details:
Beneficiaries:
- any user
Purposes:
- for personal use
Usage:
- any use
Subject Matter:
- works
- artistic performances,
- phonograms,
- videograms
- programme broadcasts
- first editions
- scientific and critical editions
Compensation:
- fair compensation required
Attribution:
- no attribution required
Other Conditions:
- works must be already disseminated
- no building according to another author’s architectural or architectural and urban planning works
- no use of electronic databases having the features of a work, for other than own non-profit use for academic purposes
Introduced/last updated: 20 November 2015
Remarks: Article 34 of the Act sets a general obligation to name the author and the source, subject to existing options, in order to use the works within the limits of permissible free use. Authors do not have the right to remuneration, unless stipulated otherwise.
Under article 100, the exercise of the rights in artistic performances, phonograms, videograms and programme broadcasts, first editions or scientific and critical editions, is subject to the restrictions referred to in Articles 23-35, respectively.
