Poland has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 23'' of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows broadcasting organisations to record works by means of their own facilities and for the purposes of their own broadcasts. These recordings must be destroyed within one month of expiry of the right to broadcast the work, unles they are included in the national archive resources.
Implementation details:
Beneficiaries:
- broadcasting organisations
Purposes:
- for the purposes of beneficiaries own broadcasts
- inclusion in the national archive ressources (implied)
Usage:
- reproduction
Subject Matter:
- works
- artistic performances,
- phonograms,
- videograms
- programme broadcasts
- first editions
- scientific and critical editions
Compensation:
- no compensation required
Attribution:
- the author’s full name and source must be indicated, taking into account existing possibilities
Other Conditions:
- works used must be recorded by means of beneficiaries' own facilities
Introduced/last updated: 01 April 2004
Remarks: 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.
