Poland has implemented the Incidental inclusion (Art. 5.3(i) 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 unintentional incorporation of a work into another work, as long as the work incorporated has no significance for the work into which it has been incorporated.
Implementation details:
Beneficiaries:
- any user
Purposes:
- not specified (unintentional use)
Usage:
- incorporation
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 be unintentional
- use must comprise incorporation of a work into another work
- the work incorporated must have no significance for the work into which it has been incorporated
Introduced/last updated: 20 November 2015
Remarks: 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. However, in this case the use should be unintentional, thus the attribution requirement should be deemed waived given the 'existing possibilities'.
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.
