Poland has implemented the Temporary acts of reproduction (Art. 5.1 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 for transient or incidental reproduction of works, provided that such reproduction has no independent economic significance but constitutes an integral and essential part of a technological process the sole purpose of which is to enable: i) transmission of work through the data transmission system between third parties by an intermediary or ii) the lawful use of work.
Implementation details:
Beneficiaries:
- intermediaries (transmission in a network)
- any user (other lawful uses)
Purposes:
- transmission in a data transmission system between third parties by an intermediary
- other lawful uses
Usage:
- transient or incidental reproduction
Subject Matter:
- works
- artistic performances,
- phonograms,
- videograms
- programme broadcasts
- first editions
- scientific and critical editions
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- the reproduction must be transient or incidental
- the reproductions must be an integral and essential part of a technological process
- the act of reproduction must have no independent economic significance
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.
