Poland has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article 33' of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows use works already distributed for the benefit of the disabled, provided that such use is directly related to their disability, is non-profit and is undertaken in proportion to the nature of the disability. In 2018 uses consisting of the reproduction of works expressed in writing, mathematical symbols, graphic marks or notations as well as related artistic or photographic works, made publicly available in any way, and dissemination of these works for the benefit of beneficiaries, are taken outside of the scope of this provision and to Subchapter 3a of the Act which implements the Marrakesh Directive.
Implementation details:
Beneficiaries:
- disabled persons
Purposes:
- for the benefit of the disabled
Usage:
- any use
Subject Matter:
- works
- artistic performances,
- phonograms,
- videograms
- programme broadcasts
- first editions
- scientific and critical editions
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:
- use must be directly related to their disability
- use must be non-profit
- use must be undertaken in proportion to the nature of the disability
- works must be already distributed
Introduced/last updated: 22 September 2018
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.
