Poland has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 28 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows educational institutions, universities, certain research institutes, libraries, museums, and archives to reproduce works that are part of their own collections for the purposes of supplementing, preserving, or protecting their own collections, if these activities are not performed for direct or indirect financial gain.

Implementation details:

Beneficiaries:

• educational institutions, universities, certain research institutes, libraries, museums, and archives

Purposes:

• supplementing, preserving, or protecting beneficiaries' own collections

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 are indicated. The author and the source should be indicated taking into account existing possibilities

Other Conditions:

• works used must be part of beneficiaries' own collections
• use must not result in an increase in the number of copies of works and an expansion of collections
• use must not comprise direct or indirect financial gain

Introduced/last updated: 20 November 2015

Remarks: The 2015 amendment broadened the scope of beneficiaries of the exception and introduced digital reproduction. Research institutes covered by the provision are those pursuing the activity referred to in Article 2.3 of the Act of 30 April 2010 on Research Institutes (Dziennik Ustaw 2018, item 736) and research institutes of the Polish Academy of Sciences pursuing the activity referred to in Article 50.4 of the Act of 30 April 2010 on the Polish Academy of Sciences (Dziennik Ustaw 2017, items 1869 and 2201).

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.