Poland has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Article 29 of the Copyright and Related Rights Act. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the quotation of fragments of distributed works and entire distributed graphic works, photographic works, and minor works, in other works constituting an independent whole, to the extent that it is justified by the purpose of the quotation, such as explanation, polemics, critical or scientific analysis or teaching, or by the rights of an artistic genre.
Implementation details:
Beneficiaries:
- any user
Purposes:
- quotation for the purpose of explanation, polemics, critical or scientific analysis or teaching, or by the rights of an artistic genre
Usage:
- any use
Subject Matter:
- works (fragments of distributed works and entire distributed graphic works, photographic works, and minor 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:
- use must be limited within other works constituting an independent whole
- use must be limited to the extent that it is justified by the purpose of the quotation
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.
