Poland has implemented the Use for the purpose of caricature, parody or pastiche (Art. 5.3(k) InfoSoc) exception in Article 29' 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 for the purposes of parody, pastiche or caricature, to the extent that is justified by the rights of these artistic genres.
Implementation details:
Beneficiaries:
- any user
Purposes:
- parody, pastiche or caricature
Usage:
- any use
Subject Matter:
- works
- artistic performances,
- phonograms,
- videograms
- programme broadcasts
- first editions
- scientific and critical editions
Compensation:
- no compensation required
Attribution:
- indicating the name of the author and the source is required, subject to existing options
Other Conditions:
- use must be limited to the extent justified by the rights of these artistic genres
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. Authors do not have the right to remuneration, unless this Act stipulates otherwise. 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.
