Poland has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in Article 27 and Article 100 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

Poland has one exception covering uses of works for educational purposes or for the purpose of conducting scientific activity (Art. 27) and one exception covering uses of subject matter protected by neighbouring rights for the same purposes (Art. 100). The exceptions cover all types of activities of a closed list of beneficiaries. None of the uses is subject to compensation.

Implementation details:

Beneficiaries:

• Educational institutions
• Entities entering the higher education system

Purposes:

• The purpose of illustrating the content conveyed for educational purposes or for the purpose of conducting scientific activity (only not commercial).

Usage:

• All acts of use

Subject Matter:

• All kinds of works (excluding computer programs)
• Performances
• Phonograms
• Videograms
• Programme broadcasts
• First publications or scientific and critical publications

Compensation:

• No compensation requirement

Attribution:

• Uses of works require attribution

Other Conditions:

• Quantity Limitations: reproductions of works are limited to parts of a larger work (but minor works can be used in their entirety).
• Beneficiaries: making works publicly available is allowed only for a limited number of persons who are learners or who teach or conduct scientific research, identified by the beneficiaries.
• 3-step test: uses of works must not conflict with a normal exploitation of the work and not unreasonably prejudice the legitimate interests of the author.

Introduced/last updated: 01 October 2018

Remarks: Poland has one exception covering all types of uses of works for educational purposes or for the purpose of conducting scientific activity (Art. 27) and one exception covering all types of uses of subject matter protected by neighbouring rights for the same purposes (Art. 100). These exceptions are subject to the same conditions.

The beneficiaries of these exceptions are, explicitly listed in the Act, educational institutions entering the education system (e.g. schools, but not entities running the so-called language schools) (see Articles 2 and 4.29d of the Education Law Act of 14 December and Article 127 (2) and (3) of the Act of 11 September 2003 on the Military Service of Professional Soldiers) and entities entering the higher education system (e.g. universities) (see Article 7.1 (1), (2), and (4) to (8) of the Act of 20 July 2018 - The Law on Higher Education and Science). They can be public and private entities.

The exceptions cover uses of originals and translations of disseminated works. Reproductions are subject to a quantitative limitation: only minor works or parts of larger works can be reproduced. It is not entirely clear whether the quantitative restriction only applies to the reproduction of works or also to other activities (e.g. making works publicly available).

In the case of making works publicly available (e.g. for distance learning), the use is allowed only for a limited number of persons, who are learners or who teach or conduct scientific research, identified by the beneficiaries (Art. 27 (2)). These exceptions are not subject to compensation. These exceptions require attribution and are subject to the 3-step test. An interpretation of these provisions indicates that the use may not be commercial. The exception does not apply to the use of computer programs (Art. 77 (1)).