Poland has implemented the Use during religious or official celebrations (Art. 5.3(g) InfoSoc) exception in Article 31, para 1 of the Copyright and Related Rights Act. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the use of works during religious ceremonies and official ceremonies organised by public authorities if this is not associated with obtaining any direct or indirect financial benefit. Advertising, promotional and electoral campaign events are expressly excluded from the scope of the exception.
Implementation details:
Beneficiaries:
- any user
Purposes:
- for the purpose of conducting religious ceremonies and official ceremonies organised by public authorities (non-commercial)
Usage:
- any use
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:
- use must not be associated with obtaining any direct or indirect financial benefit
- advertising, promotional and electoral campaign events are expressly excluded from the scope of the exception
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.
