Key Benefits:
ACT
of 4 February 1994
about copyright and related rights 1)
Chapter 1
Subject of copyright
Article 1. [ Subject of copyright] 1. The subject of copyright is every manifestation of a creative activity of an individual character, established in any form, irrespective of the value, purpose and manner of the expression (track).
2. In particular, the subject of copyright is the works:
1) expressed in words, mathematical symbols, graphic signs (literary, publicistic, scientific, cartographic, and computer programs);
2) plastic;
3. photographic;
4) Lutnicze;
5) industrial design;
6) architectural, architectural and urbanistic;
7) musical and word-musical;
8) scenic, stage-musical, choreographic and pantomimic;
9) audio-visual (including film).
2 1 The protection of the subject can only be an expression; they are not covered by the protection of discoveries, ideas, procedures, methods and principles of action and mathematical concepts.
3. The creature has been the subject of copyright from the moment of establishment, even though it was unfinished.
4. Protection shall be granted to the creator irrespective of the fulfilment of any formalities.
Article 2. [ Development of a person's song] 1. The development of a person's work, in particular translation, modification, adaptation, shall be the subject of copyright without prejudice to the right to the original work.
2. The regulation and use of the study depends on the permission of the originator of the original work (the dependent right), unless the copyright of the assets in the original track has expired. In the case of databases meeting the characteristics of the work, the permission of the creator is also necessary for drawing up the development.
3. The originator of the original work may withdraw the permit if, within five years of its provision, the development has not been disseminated. The remuneration that is paid to the originator is not refundable.
4. The song is not considered to be created as a result of the inspiration of someone else's utworem.
5. On copies of the paper, the originator and the title of the original work should be replaced.
Article 3. [ Files, anthologies, choices and databases fulfilling the features of the song] Collections, anthologies, choices, databases fulfilling the characteristics of a work are the subject of copyright, even if they contain unprotected materials, if the selection, arrangement or combination they have adopted in them has a creative character, without prejudice to the rights to the tracks used.
Article 4. [ Disable] They are not the subject of copyright law:
1) normative acts or their official projects;
2) official documents, materials, signs and symbols;
3) published patent or protective descriptions;
4) simple press releases.
Article 5. [ Scope of application] The provisions of the Act apply to works:
1) whose creator or co-creator is a Polish citizen or
1 1 ) of which the originator is a citizen of a Member State of the European Union or of Member States of the European Free Trade Agreement (EFTA)-parties to the Agreement on the European Economic Area, or
2) which have been published for the first time in the territory of the Republic of Poland either simultaneously in this territory and abroad, or
3) which have been published for the first time in Polish, or
4) which are protected on the basis of international agreements, to the extent that their protection results from these agreements.
Article 6. [ Definitions] 1. Within the meaning of the Act:
1) the track published is a piece which, with the permission of the originator, has been multiplied and whose copies have been made public;
2) the publication of the simultaneous track is the publication of the piece in the territory of the Republic of Poland and abroad within thirty days of its first publication;
3) the song shall be distributed in any way to the public for the permission of the originator;
4. the creation of the work is its distribution by radio or television broadcasting, carried out in a wireless (ground or satellite) way or in a wired manner;
(5) the reissuing of the work is its dissemination by a party other than the one originally giving, by way of taking over in its entirety and without the changes of the programme of radio or television broadcasting, and the simultaneous and integral transfer of that programme to the universal reception;
6. the marketing of a piece shall be made available to the public by making it available to the original, or copies by way of transfer of ownership of the work carried out by or with the consent of the authorized person;
7) the most copies of the work are their transfer to a limited time limit of use for direct or indirect gain of the property;
8) the use of copies of the work is their transfer to a limited time of use, not for the purpose of direct or indirect gain of the property;
(9) the development of the work is to be made available either by means of sound, image or sound media and images on which the work has been recorded, or by means of reception facilities for radio or television programmes in which the work is recorded. broadcasting;
10. technical safeguards are all technologies, devices or components thereof intended to prevent or restrict action to enable the use of works or artistic performances in violation of the law;
11) effective technical safeguards are technical safeguards enabling rightholders to control the use of a protected work or artistic execution through the use of an access code or a security mechanism, in the encryption, disruptive or any other transformation of the work or the artistic execution or the multiple-control mechanism which meets the protective target;
12) information on the management of the rights are information identifying the track, the creator, the subject of the copyright or the information about the operating conditions of the work, if they are attached to the copy of the piece or are transferred in connection with its the dissemination, including identification codes;
13) the educational institution is the organizational units referred to in art. 2 of the Act of 7 September 1991. o system of education (Dz. U. of 2016 r. items 1943, 1954, 1985 and 2169 and from 2017. items 60), as well as schools, school teams, and school consultative points at the diplomatic representations, consular offices and military representations of the Republic of Poland referred to in art. 5 par. 3b, point 1 (a) and that law, and the sub-officers ' schools and training centres referred to in art. 127 points 2 and 3 of the Act of 11 September 2003. about the military service of professional soldiers (Dz. U. of 2016 r. items 1726 and 2138 and from 2017. items 60).
2. Whenever the value of the amount expressed in euro is equivalent, it shall be understood as the equivalent in Polish currency, determined using the average euro rate, or its equivalent in another currency, as determined by the euro. using the average euro exchange rate and the average rate of this currency announced by the National Bank of Poland on the day preceding the completion of the action.
Article 6 1 . [ Dissemination of the song to the Polish territory] 1. Dissemination of a work on the territory of the Republic of Poland, by radio or television broadcasting, conducted in a satellite manner is its dissemination by the introduction by radio or television organization and on its the responsibility, within the territory of the Republic of Poland, to the route of transmission leading up to the satellite and back to Earth.
(2) If the distribution of a work by radio or television broadcasting is carried out in a satellite manner in a country which is not a member of the European Union, which does not provide the level of protection as defined in Chapter II of Council Directive no 93 /83/EEC of 27 September 1993. on the coordination of certain principles relating to copyright and related rights applicable to satellite broadcasting and cable retransmission (Dz. Urz. EC L 248, 06.10.1993, p. 15; Dz. Urz. EU Polish Special Edition, rozdz. 17, t. 1, str. 134) and when:
1) the signal conveying the track is sent to the satellite via the Earth's sending station located on the territory of the Republic of Poland, it is believed that the track has been circulated on the territory of the Republic of Poland by the operator of this station;
2. the transmission signal shall be transmitted to the satellite via the broadcasting station located in the territory of a country which is not a member of the European Union, and the distribution of the work shall be carried out on behalf of the radio organisation or Television established in one of the Member States of the European Union and the main company in the territory of the Republic of Poland, it is believed that the piece was circulated in the territory of the Republic of Poland by this organization.
3. Where the transmitting signal is coded in such a way as to prevent its universal and unrestricted reception, it shall be disseminated within the meaning of the paragraph. 1, subject to simultaneous provision by a radio or television organization, or with its consent, of the means to receive that signal.
4. The satellite is an artificial satellite of the Earth operating in frequency bands, which under the provisions of the Act of 16 July 2004. -Telecommunications law (Dz. U. of 2016 r. items 1489, 1579, 1823, 1948, 1954 and 2003) are intended for the purpose of the emission of signals intended for public reception or for closed communication between two points, the reception of signals in both of these cases must be carried out in the comparable conditions.
Article 7. [ Application of provisions of international agreements] If international agreements to which the Republic of Poland is a party, provide for further protection, than is the result of the Act, to unpublished works of Polish citizens or to works published for the first time in the territory of the Republic of Poland Polish or simultaneously on the territory of the Republic of Poland or published for the first time in the Polish language-the provisions of these agreements apply.
Chapter 2
Subject of copyright
Article 8. [ Creator] 1. The copyright shall be entitled to the creator, unless the Act provides otherwise.
2. It is not possible that the creator is the person whose name in this capacity is made visible on copies of the work or whose authorship is made public in any other way in connection with the dissemination of the work.
3. As long as the creator has not disclosed his authorship, in the exercise of copyright law, shall be replaced by the manufacturer or the publisher, and in the absence thereof-the competent collective management rights organization.
Article 9. [ Co-Creator] 1. Co-originators shall be entitled to the copyright jointly. The size of the shares shall be presumed to be equal. Each of the co-creators may request the determination of the size of the shares by the court, on the basis of the contributions of creative work.
2. Each of the co-creators may exercise the copyright on their part of the piece of the work that is of self-importance, without prejudice to the rights of other co-authors.
3. The consent of all co-creators is necessary for the exercise of copyright in the whole work. In the absence of such consent, each of the co-creators may demand a settlement by the court, which adjudicates the interests of all co-creators.
4. Each of the co-creators may claim claims for infringement of copyright in the whole track. The resulting benefit is all co-creators, according to the size of their shares.
5. The copyright laws of the Civil Code shall apply mutatis mutandis to the provisions of the Civil Code of the joint-ownership in fractional parts.
Article 10. [ The combination of separate works of different creators] If the authors have combined their separate works for the joint dissemination, each of them may require other creators to grant permission to distribute such a whole, unless there is a right basis for refusal, and the contract does not provides otherwise. The provisions of Article 4 9 ust. 2-4 shall apply mutatis mutandis.
Article 11. [ Copyright to a collective works] The copyright of property rights to a collective work, in particular to the encyclopaedia or the periodical publication, shall be entitled to the producer or the publisher, and to the individual parts which are of independent importance, to their authors. The producer or the publisher shall be presumed to have the right to the title.
Article 12. [ Copyright to the work created by the employee in the course of employment relationship] 1. If the Act or the employment contract does not provide otherwise, the employer, whose employee created the work as a result of the performance of duties from the employment relationship, acquires upon acceptance of the piece of copyright law within the limits resulting from the purpose of the contract of the work and the parties ' legitimate intention.
2. If the employer, within two years from the date of acceptance of the work, does not accede to the distribution of the work prescribed in the contract of employment for distribution, the creator may appoint the employer in writing the appropriate time limit for the dissemination of the work of the work with with the effect that, after its ineffective expiry, the right obtained by the employer together with the property of the subject on which the work was established shall return to the creator, unless otherwise provided by the contract. The Parties may set a different time limit for the accession to the dissemination of the work.
3. If the employment contract does not otherwise provide, as soon as the work is accepted, the employer shall acquire the property of the subject on which the work is fixed.
Article 13. [ Presumption of the employer's acceptance of the work without reservations] If the employer does not notify the creator within six months of the delivery of the work of the non-acceptance or the addiction of the party from making certain changes to the corresponding time limit set for that purpose, it shall be deemed to have been accepted without objections. Pages can specify a different term.
Article 14. [ Priority of publication of the work created by the employee] 1. Unless otherwise specified in the contract of employment, the scientific institution shall have priority to publish the scientific work of the employee who created this work as a result of the performance of duties on the employment relationship. The authors shall be entitled to remuneration. The priority of the publication shall lapse if, within six months of the delivery of the work, it has not been concluded with the creator of the work contract or if, within two years from the date of its adoption, the track has not been published.
2. The scientific institution may, without separate remuneration, benefit from the scientific material contained in the form referred to in the paragraph. 1, and make this work available to third parties, if that is the result of the agreed use of the work or has been decided on in the contract.
Article 15. [ Presumption concerning the person of the manufacturer or the publisher] The manufacturer or publisher shall be presumed to be the person whose name or name has been shown in this capacity on the items on which the work has been established or made public in any way in connection with the dissemination of the work.
Art. 15a. [ Precedence in the publication of the student's diploma thesis] In the case of higher education institutions, higher education institutions shall have priority over the publication of the student's diploma work. If the university has not published a diploma thesis within 6 months of its defense, the student who prepared it may publish it, unless the thesis is a part of a collective piece.
Chapter 3
Content of copyright
Division 1
Personal copyright
Article 16. [ Copyright matter of personal rights] If the Act does not provide otherwise, the copyright of personal rights protects the unlimited in time and not to renounce or dispose of the creator's bond with the utwoer, and in particular the right to:
1) by track;
2) the sign of the piece by his name or pseudonym, or to be made available to him anonymously;
3) the inviolability of the content and form of the song and its fair use;
4) to decide on the first share of the work of the audience;
5) supervision of the way of using the song.
Division 2
Copyright of property rights
Article 17. [ The exclusive right to use and dispose of the work] If the Act does not provide otherwise, the originator shall have the exclusive right to use and dispose of the work in all the fields of operation and to the remuneration for the use of the work.
Article 17 1 . [ Development or reproduction of a database fulfilling the characteristics of the work] The development or reproduction of a database fulfilling the features of a work by a legal database user or a copy thereof, does not require the permission of the author of the database, if it is necessary for access to the contents of the database and the normal the use of its contents. If the user is authorised to use only part of the database, this provision applies only to that part.
Article 18. [ Exclusion of property rights of executions] 1. The authorship of property rights shall not be subject to execution as long as they serve the creator. This does not apply to due receivables.
2. After the death of the creator, the heirs may object to the execution of the copyright to the piece not published, unless the opposition would be inconsistent with the revealed will of the creator as to the dissemination of the song.
3. The right to remuneration, referred to in art. 19 (1) 1, art. 19 1 , art. 20 para. 2-4, art. 20 1 and Art. 70 par. 2 1 , shall not be subject to renunciation, disposal or execution. This does not apply to due receivables.
4. The right to remuneration, referred to in art. 28 para. 4, the entities referred to in Article 4 28 para. 5 points 1 to 3, not subject to disposal or execution. This does not apply to due receivables.
Article 19. [ Remuneration of the originators in the case of resale of original copies of a plastic or photographic work] 1. The creators and his heirs, in the case of the professionally resale of original copies of a plastic or photographic work, shall be entitled to a remuneration equal to the sum of the following rates:
1) 5% of the part of the selling price, if this part is contained in the range up to the equivalent of 50 000 euro, and
2) 3% of the part of the selling price, if that part is contained within the range of the equivalent of EUR 50 000.01 to the equivalent of 200,000 euros, and
(3) 1% of the part of the selling price, if that part is contained within the range of EUR 200 ,000.01 to the equivalent of EUR 350 000, and
4) 0,5% of the part of the selling price, if that part is concluded between the equivalent of EUR 350 ,000.01 and the equivalent value of EUR 500 000, and
5) 0,25% of the part of the selling price, if that part is contained within a range exceeding the equivalent of 500 000 euro
-however, no higher than the equivalent of EUR 12 500.
2. The provision of the paragraph. 1 shall not apply in the case of a sale price lower than the equivalent of 100 euro.
3. The original copies of the work within the meaning of the paragraph. 1 are:
1) copies made personally by the originator;
2. copies deemed to be original copies of the work, if they have been made in person, in a limited quantity, by the creator or under his supervision, numbered, signed or otherwise marked by him.
Article 19 1 . [ Remuneration in the case of the resale of the manuscripts of literary and musical works] The authors and his heirs shall be entitled to a remuneration of 5% of the price of the professional resale of the manuscripts of literary and musical works.
Article 19 2 . [ Resale] 1. A resale within the meaning of art. 19 (1) 1 and Art. 19 1 any sale following the first Regulation of a copy by the originator.
2. Professional resale within the meaning of Art. 19 (1) 1 and Art. 19 1 all activities of the nature of resale carried out, in the course of their activities, by sellers, buyers, intermediaries and other professionally engaged in the trade of works of art or manuscripts of literary and musical works.
Article 19 3 . [ Undertakings required to pay the remuneration] 1. To pay the remuneration referred to in art. 19 (1) 1 and Art. 19 1 , the seller referred to in art shall be obliged to do so. 19 2 paragraph 2, and when it acts in favour of a third party, professionally engaged in the trade of works of art or manuscripts of literary and musical works, shall be in solidarity with it.
2. The Seller shall be obliged to disclose the third party referred to in the paragraph. 1. This obligation may be waivable by paying due remuneration.
3. The author of the work referred to in art. 19 (1) 1 and Art. 19 1 -and his heirs may demand from the persons mentioned in the mouth. 1 to provide the information and to make available the documents necessary to determine the remuneration due on the resale of the original copy or the manuscript of the work for a period of 3 years from the date of the resale.
Article 19 4 . [ Sales prices] The selling prices referred to in Article 19 (1) 1 and Art. 19 1 shall be the prices after deduction of the goods and services tax due on the resale of the original copy or the manuscript of the work.
Article 19 5 . [ Application of the provisions of the Act to creators having a permanent residence on the territory of the RP] The provisions of Article 4 19-19 4 it shall also apply to original copies and manuscripts of works other than those referred to in Article. 5, whose creators on the day of the resale have the place of permanent residence on the territory of the Republic of Poland.
Article 20. [ Obligations of manufacturers and importers of devices for the fixation and copying of copyrighted works] 1. Manufacturers and importers:
1) recorders, magnetos and other similar devices,
2) photocopiers, scanners and other similar reprographic devices enabling the acquisition of a copy of all or part of a copy of the published piece,
3) clean media for fixation, in the scope of personal use, works or objects of related rights, using the devices listed in points 1 and 2
-shall be required to pay, as determined in accordance with paragraph 1, 5, collective management organisations, acting for the benefit of creators, performers, producers of phonograms and videograms and publishers, of fees not exceeding 3% of the amount due for the sale of those devices and media.
2. From the amount resulting from the fees for the sale of magnetophones and other similar devices and related clean media, shall be:
1) 50%-creators;
2) 25% to performers;
3) 25%-producers of phonograms.
3. From the amount obtained from the fees for the sale of the magnetowids and other similar devices and related clean media, falls:
1) 35%-creators;
2) 25% to performers;
3) 40%-producers of videograms.
4. From the amount obtained from the fees for the sale of the reprographic devices and the associated clean media, is:
1) 50%-creators;
2) 50%-publishers.
5. Minister of competent for culture and protection of national heritage, after consulting the collective management organisation of copyright or related rights, associations of authors, performers, producer organisations, producers of videograms and publishers, as well as producer organisations or importers of the devices and clean media mentioned in the paragraph. 1, it shall specify, by means of a regulation, the categories of equipment and media and the amount of the fees referred to in paragraph 1. 1, guided by the ability of the device and the media to multiply the works, as well as their intended use for the performance of other functions than reproduction of works, method of collection and distribution of fees and collective rights management organisations The authors or related rights entitled to download them.
Article 20 1 . [ Obligation of holders of reprographic equipment] 1. Holders of reprographic devices, who conduct business activity in the scope of reproduction of works for their own personal use of third parties, shall be obliged to pay, through a collective rights management organization to 3% of the proceeds of that title to authors and publishers, unless the reproduction is carried out on the basis of an agreement with the rightholders. These fees shall accrue to authors and publishers in equal parts.
2. The Minister for Culture and the Protection of National Heritage, after consultation with the collective management organisation of copyright or related rights, associations of authors and publishers, and the opinion of the relevant Chamber of Economic Affairs specify, by way of regulation, the amount of the fees referred to in paragraph 1. 1, taking into account the proportions of the share in the multiple materials of the multiples for their own personal use, the way of their collection and distribution, and shall indicate the organisation or organisations of collective management of copyright or rights related entitled to download them.
Article 21. [ The broadcasting of small musical and verbal-musical works by radio and television] 1. Radio and television organizations may give published minor musical, verbal and word-musical works only on the basis of a contract concluded with the collective rights management organization, unless the right to give works ordered by a radio or television organisation shall be entitled to it on a separate contract basis.
2. The originator may in a contract with a radio or television organization relinquishing the intermediation of the collective rights management organization referred to in the paragraph. 1. This waiver requires the conduct of the written form under the rigorous annulment.
2 1 . The provisions of paragraph. 1 and 2 shall apply mutatis mutandis to the public release of works in such a way that everyone can have access to them at the place and time by which they have been selected.
3. (repealed)
4. (repealed)
Article 21 1 . [ Broadcasting of works broadcasted in radio and television organisation programmes by cable operators] 1. Operators of cable networks shall be permitted to reissue in cable networks the works broadcast on radio and television broadcasting programmes only on the basis of a contract concluded with the competent collective rights organisation.
1 1 . The obligation to brokering the competent collective rights management organisation referred to in paragraph 1. 1, does not apply to the rights from which a radio or television organisation uses in respect of its own transmission, whether or not the rights in question belong to that organisation or have been transferred to it by another rightholder.
2. In the case of disputes connected with the conclusion of the contract referred to in paragraph. 1, the provisions of Article 1 shall apply. 110 18 .
Division 3
Permitted use of protected works
Article 23. [ Use of the song in terms of personal use] 1. Without permission of the creator is allowed free of charge to use the already widespread piece in the scope of personal use of personal use. This provision does not authorise the construction of an architectural and urban architectural and urban development according to another, and to use electronic databases which fulfil the characteristics of the work, unless it concerns own scientific use not related to the the purpose of the profit.
2. The scope of personal use of personal use includes the use of individual copies of works by the circle of persons remaining in a personal relationship, in particular kinship, affinity or social intercourse.
Article 23 1 . [ Temporary multiples of tracks] It does not require authorisation of the creator of a temporary reproduction, of a transitional or incidental nature, without independent economic significance, and constituting an integral and necessary part of the technological process, the purpose of which is exclusively enabling:
1) the transmission of a work in a telecommunication system between third parties by an intermediary or
2) the lawful use of the work.
Article 23 2 . [ Perpetuation of works by radio and television organizations] 1. Radio and television organisations may use their own means to perpetuate the works for the purposes of their own broadcasts.
2. The loss referred to in paragraph 2. 1, shall be destroyed within one month from the date of expiry of the authority to give the song.
3. The provision of the paragraph. 2 does not apply to fixings of archival materials entering the national archival resource.
Article 24. [ Dissemination of works by means of a collective antenna] 1. Frely disseminated by means of a collective antenna and cable network, the works broadcast by another radio or television organization by satellite or satellite by means of simultaneous, integral and gratuitous channels. the dissemination of radio or television programmes and intended to be marked by a number of audiences located in one building or in single-family houses covering up to 50 households.
(2) The holders of radio or television reception facilities may, by means of their assistance, receive any works which may be broadcast, even if they have been placed in a place which is generally available if there is no connection with the attainment of the benefits of the assets.
3. (repealed)
4. (lost power)
Article 25. [ Allowed distribution of specific content for information purposes] 1. Free to disseminate for information purposes in the press, radio and television:
1) already disseminated:
(a) reports of current events,
(b) articles on current political, economic or religious subjects, unless it is expressly reserved that their further dissemination is prohibited,
(c) current statements and photographs by reporters;
2. short extracts from the reports and articles referred to in point 1 (c). a and b;
3) reviews of publications and works disseminated;
4) (repealed)
5) brief summaries of the published works.
2. For the use of the works referred to in paragraph. 1 point 1 lit. b and c, the authors have a right to remuneration.
3. Dissemination of works by mouth. 1 is allowed both in the original and in translation.
4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to the public release of works in such a way that everyone may have access to them at the place and time of their choice, including where the payment of the remuneration referred to in paragraph 1 is made available to them. 2, does not take place on the basis of a contract with the entitled, the remuneration shall be paid through the competent collective management organisation of copyright or related rights.
Article 26. [ Reports on current events] In the reports of current events, the works made available during these events may be used, however, within the limits of the legitimate objective of the information.
Article 26 1 . [ Rules for the use of political speeches, as well as fragments of public speeches, lectures and sermons] Within the limits of the legitimate objective of information from political speeches and speeches made public, public appearances, lectures and sermons may be used. The provision does not authorise the publication of the collection of such works.
Article 27. [ Powers of educational institutions and scientific units in the use of works] 1. Educational institutions, colleges and scientific units within the meaning of the Act of 30 April 2010. on the principles of financing science (Dz. U. of 2016 r. items 2045, 1933 and 2260) may be used to illustrate the content provided for teaching purposes or to conduct scientific research, to use the published works in the original and in translation, and to multiply for this purpose the distribution of the content of the Small pieces or fragments of larger tracks.
2. In the case of public sharing of works in such a way that everyone may have access to them at the place and time by themselves the selected use referred to in the paragraph. 1, shall be allowed only for a limited circle of learners, teaching or scientific research, identified by the entities mentioned in the paragraph. 1.
Article 27 1 . [ The placement of small pieces or fragments of larger works in textbooks, extracts and anthologies] 1. Free for teaching and scientific purposes the distribution of small pieces or fragments of larger works in textbooks, prints and anthologies are available.
2. In the cases referred to in paragraph. 1, the creators shall have the right to remuneration.
Article 28. [ Permissions of libraries, archives, schools and educational institutions, universities, research institutes] 1. Educational institutions, universities, research institutes operating in the field of activity referred to in art. 2. 3 of the Act of 30 April 2010. o research institutes (Dz. U. of 2016 r. items 371, 1079, 1311 and 2260 and of 2017 items 202), scientific institutes of the Polish Academy of Sciences conducting the activities referred to in art. 50 par. 4 of the Act of 30 April 2010. o Polish Academy of Sciences (Dz. U. of 2016 r. items 572, 1311, 1933 and 2260 and from 2017. items 624), libraries, museums and archives may:
1) to use, within the scope of its statutory tasks, copies of the distribution works,
2) multiply the works contained in their own collections in order to supplement, preserve or protect these collections,
3) share the collections for research or cognitive purposes through the terminals of the IT system (terminals) located on the premises of these units
-where these operations are not carried out in order to achieve direct or indirect property gains.
2. The multiples referred to in paragraph 1. Article 1 (2) may not lead to an increase in the number of pieces of works and the enlargement of the harvest, suitably used and made available on the basis of paragraph 1. 1 (1) and (3).
3. The provision of the paragraph. 1 point 3 shall not apply if the provision in the manner specified therein is carried out on the basis of a previously concluded agreement with the rightholders.
4. From the use of copies of works expressed in words, created or published in Polish in printed form, by public libraries within the meaning of the Act of 27 June 1997. about libraries (Dz. U. 2012 r. items 642 and 908, from 2013 items 829 and from 2017 items 60), hereinafter referred to as "public libraries", shall be entitled to remuneration determined and paid in accordance with the rules laid down in Chapter 4.
5. The remuneration referred to in the paragraph. 4, shall be entitled after the condition referred to in Article 4 has been fulfilled. 35 2 paragraph 1:
1) the creator of the song, expressed in the word, created and published in Polish;
2) the translator into the Polish language of the piece expressed by the word, created in a foreign language and published in Polish;
(3) the co-creator of the work referred to in point 1, the contribution of which is a plastic or photographic utwoer;
4) the publisher of the song expressed in a word and published in Polish.
6. The remuneration referred to in the paragraph. 4, shall not be entitled to use a copy of the work in order to use it exclusively in the premises of the public library.
7. The provision of the paragraph. 4 shall not be used for the use of copies by the National Library.
Article 29. [ Using the pieces of works or of the whole minor tracks] In the form of spontaneous forms of the excercised works and widespread visual works, photographic works or small works in their entirety, to the extent justified by the objectives of the citate, such as the explanation, may be used in the works constituting the spontaneous whole. Polemics, critical or scientific analysis, teaching or the laws of the genre of creativity.
Article 29 1 . [ Using works for parodies, pastiche or caricatures] The use of works for pasturage, pastiche or caricature may be used for the legitimate rights of these genres.
Article 29 2 . [ Enable track to other track] The song may be unintentionally switched on to another track, if the work on the track is not relevant to the track to which it is enabled.
Article 30 1 . [ Exemption of application of the law] No Article shall be applied to the databases which fulfil the characteristics of the work. 27 1 and art. 28.
Article 31. [ Free of charge or reproduction of publicly distributed works] 1. Free use of the works during religious ceremonies and official ceremonies organised by the public authorities, if it does not connect with this attainment directly or directly to the property benefit.
2. Free of charge to publicly execute or play with devices or media located in the same place as the public disseminated works during school and academic events, if there is no connection to this achievement direct or indirect benefits of the contractor and the performers and the persons playing the works are not remunerated.
3. The provisions of the paragraph. 1 and 2 do not apply to the use of works during advertising, promotional and electoral events.
Article 32. [ Public display of a copy of the plastic track] 1. The owner of a copy of the plastic track may issue it in public if it does not combine to achieve the benefits of the property.
2. In the event of a decision on the destruction of the original copy of the plastic track located in the place of the publicly available, the owner is obliged to submit the creator of the work or his close offer of sale, if the agreement with him, the purpose the submission of the offer, is possible. The upper price boundary determines the value of the materials. If sales are not possible, the owner shall be obliged to allow the creator to draw up a copy or, depending on the type of work, the relevant documentation.
Article 33. [ Dissemination of works permitted] May be disseminated:
1) works exhibited on a permanent basis on generally accessible roads, streets, squares or gardens, however not for the same use;
2) (repealed)
3) in encyclopedias and atlases-published plastic and photographic works, as long as the establishment of an agreement with the creator in order to obtain his permit encounters difficult to overcome obstacles. The authors are entitled to pay the right to pay.
Article 33 1 . [ Use of the distributed works for the benefit of disabled people] The use of the already distributed works for the benefit of disabled persons may be used, if this use relates directly to their handicap, there is no gainful character and is taken in the size resulting from the nature of the handicap.
Article 33 2 . [ Use of works for public security purposes or for administrative, judicial or legislative proceedings] The use of works for public security purposes or for administrative, judicial or legislative proceedings and the reports of such proceedings may be used.
Article 33 3 . [ Exploitation of widespread works for the advertising of public or public sales of works] 1. Free use of works for the advertising of publicly available exhibition or public sale of works, to the extent justified by the promotion of this exhibition or sale, excluding any other commercial use.
2. The use referred to in paragraph. 1, relates in particular to publicly available exhibitions in museums, galleries, exhibition halls and includes the use of works in advertisements, catalogues and other materials distributed for the promotion of the exhibition or sale, and the exhibition or other making copies of works for these purposes.
Article 33 4 . [ Use of works in connection with the presentation or repair of equipment] You may use the works in connection with the presentation or repair of the equipment.
Article 33 5 . [ Using a track to rebuild or renovate a construction site] Use the work in the form of a construction object, its drawing, plan or other arrangement, for the reconstruction or renovation of a construction object.
Article 34. [ Condition for use of the work within the limits of the permitted use] It is possible to use the works within the limits of the authorised use provided that the name of the artist and the source are specified. The originator and the source should take into account existing capabilities. The authors shall not be entitled to remuneration unless the Act provides otherwise.
Article 35. [ Permitted Use] The permitted use shall not affect the normal use of the work or the legitimate interests of the creator.
Division 4
Rules for determining and payment of remuneration for the use of copies of works by public libraries
Article 35 1 . [ Collective rights management organisation] 1. The remuneration for the use of copies of the works referred to in art. 28 para. 4, by public libraries, hereinafter referred to as the "lending remuneration", shall be paid by the Minister responsible for culture and heritage protection by the national collective management organisation (s) with a grant of funding transmitted to it by the Minister responsible for culture and protection of the national heritage from the funds of the Culture Promotion Fund referred to in art. 87 of the Act of 19 November 2009. o Gambling games (Dz. U. of 2016 r. items 471, 1948 and 2260 and of 2017 items 88 and 379).
2. The collective management organisation referred to in paragraph 2. For a period of not more than five years, the minister responsible for culture and the protection of national heritage shall be appointed for a period of not more than five years following a contest taking into account the following criteria
1. representativeness;
2) the organisational capacity to carry out the task in such a way as to ensure effective payment of the remuneration for the use;
3) effectiveness and correctness of the action;
4) the appropriateness and the amount of the planned costs of determining the amount and payment of the remuneration for the use.
3. The Minister for Culture and Protection of the National Heritage shall announce in the Public Information Bulletin on its website the contest referred to in paragraph 1. 2, and its result.
4. The collective rights management organization taking part in the contest referred to in the paragraph. 2, may submit to the minister competent for culture and protection of the national heritage, within 7 days from the day of the announcement of the result of this contest, an appeal against its result due to a violation of the provisions of law.
5. The appeal referred to in the paragraph. 4, the minister responsible for culture and protection of national heritage shall consider within 14 days from the date of its impact. In the event that the appeal is taken into account, the Minister for Culture and the Protection of National Heritage shall invalidates the contest referred to in paragraph 1. 2.
6. Payment for payment of remuneration for the use of the relevant entities referred to in art. 28 para. 5, shall be devoted to payment of the remuneration for the use and to cover the justified and documented costs of determining the amount of remuneration for the use and payment of the remuneration.
7. Payment for the payment of remuneration for the use in a given calendar year corresponds to 5% of the value of purchases of library materials made by public libraries in the previous calendar year, with 75% of that amount, after deduction costs of determining the amount and payment of the remuneration for the use, shall be paid to the entities referred to in art. 28 para. 5 points 1-3, and 25% of the entities referred to in art. 28 para. 5 point 4.
(8) The financing for the payment of the remuneration for the use shall be made on the basis of a contract concluded each year between the Minister for Culture and the Protection of National Heritage and the collective management organisation referred to in paragraph 1. 1.
9. The agreement referred to in paragraph 1. 8, specifies in particular:
(1) the amount of the subsidy to be paid for the payment of the remuneration for the use, together with an indication of the costs of determining its amount and payment in the year concerned
2. the time limits and the procedure for the transfer of funds;
3) the obligation of the collective management organisation to subject to the inspection carried out by the minister competent for culture and the protection of national heritage;
4) how to settle the funding;
5) the conditions and method of reimbursement of the unused part of the funding or the funding used for misuse.
(10) Payment for the payment of the remuneration for the use of the part intended to cover the justified and documented costs of determining the amount and payment of the remuneration for the lending to be paid by the collective management organisation, of which Paragraph 1. 1, in a given calendar year may not exceed 10% of the co-financing amount determined in accordance with the paragraph. 7.
11. The Minister of Culture and National Heritage shall carry out an audit of the implementation of the tasks related to payment of the remuneration for the use, including in particular the determination of the amount of remuneration for the use and payment of the remuneration, the use of the funding provided for this purpose and the carrying out of the required documentation.
Article 35 2 . [ Salary for use] 1. The remuneration for the use shall be granted after the submission by the entity referred to in Article 28 para. 5, a written statement of the will to receive the remuneration for the use, hereinafter referred to as the "statement".
2. The statement shall consist of the collective management organisation referred to in Article 4. 35 1 paragraph 1. The statement shall have effect in a given year, if it is submitted by 31 August of the year concerned. The statement shall have effect in the following years until the date of its revocation.
3. Within 14 days from the date of signature of the contract referred to in art. 35 1 paragraph 8, the collective management organisation referred to in Article 8. 35 1 paragraph 1, on its website and the Minister for Culture and Protection of the National Heritage on its website in the Public Information Bulletin, shall announce the possibility of making statements.
4. The amount of remuneration for the lending due in a given calendar year to the individual entities referred to in art. 28 para. 5, shall be determined by the collective management organisation referred to in Article 3. 35 1 paragraph 1, in proportion to the number of copies of the works of those entities by public libraries in the previous year, and on the basis of the declarations made by those public libraries by 31 August of the calendar year concerned and previous years.
5. The amount of remuneration for the use of the entity in question referred to in art. 28 para. 5 point 2, in a given calendar year is equivalent to 30% of the amount of remuneration due to the creator of the piece expressed by the word, created and published in Polish.
6. Maximum amount of remuneration for the use of the entity in question referred to in Article 28 para. 5, for the use in a given calendar year of copies of all the works indicated in the statement, shall be five times the average monthly salary in the enterprise sector, including the profit payments, for the last quarter the previous calendar year, which is announced by the President of the Central Statistical Office.
(7) The remuneration for the use shall not be granted to the entity referred to in Article 3. 28 para. 5, in a given calendar year, if after the breakdown of the amount referred to in Article 35 3 paragraph 2, the amount of the sum due to him for the use of copies of all his works by public libraries shall be less than one bicentenary of the average monthly salary referred to in paragraph 1. 6.
Article 35 3 . [ Basis for calculating the amount of remuneration for the use] 1. The basis for calculating the amount of remuneration for the use, which falls within the individual entities referred to in art. 28 para. 5, provide information on the use of copies of works in a given calendar year, transmitted by public libraries included in the list referred to in Art. 35 4 point 2, the collective management organisation referred to in Article 35 1 paragraph 1, and the Minister for Culture and the Protection of National Heritage, within 3 months of the end of the calendar year for which the payment of remuneration for the use shall be made.
2. On the basis of the information referred to in paragraph. 1, the collective management organisation referred to in Article 1. 35 1 paragraph 1, makes a proportionate distribution of the amount transferred to remuneration for the use of the relevant individual entities referred to in Article 28 para. 5, and then, no later than the end of the calendar year concerned, shall pay it.
Article 35 4 . [ Delegation] Minister for Culture and Protection of the National Heritage, after consultation with the collective management organisation of copyright or related rights, associations of authors, public library associations, and competent bodies the economic chambers will determine, by means of a regulation:
1) the procedure for the distribution and payment of remuneration for the use, bearing in mind the number of used copies of works remaining in the collections of public libraries and the types of costs referred to in art. 35 1 paragraph 9, as well as the need to ensure that these costs are justified and documented and the expenditure effected in an efficient and transparent manner;
2) the scope of the information referred to in art. 35 3 paragraph 1, and a list of public libraries required to transmit them, having regard to the need for an estimate of the number of copies of works remaining in the collections of public libraries, taking into account the impact of the geographical criterion, including the size of the localities in which the indicated public libraries are operating, to differentiate this number;
3) the required scope of information, contained in the statement referred to in art. 35 2 paragraph 1, with a view to the transfer of the collective management organisation referred to in Article 4 (1). 35 1 paragraph 1, the data enabling payment of the remuneration for the use, including the name and the name of the creator or the name of another entity referred to in art. 28 para. 5, and the number of the bank account to which the remuneration is to be paid;
4) the required range of information to be included in the contest notice referred to in art. 35 1 paragraph 2, whereas the minimum scope of such information is to include at least the conditions for participation in the competition, the time limit for the submission of tenders and the criteria for their evaluation;
5) the scope of the competition documentation, bearing in mind that the scope of this dossier shall at least specify the conditions for participation in the competition referred to in art. 35 1 paragraph 2, the requirements to be met by the tender and the criteria for the evaluation of tenders;
(6) mode of competition proceedings, with a view to its transparency, reliability and objectivity.
Division 5
Permitted use of orphan works
Article 35 5 . [ Orphaned Track] 1. Orphan Ucreations are:
1) works published in books, journals, periodicals or other forms of publication of print,
2) audiovisual works, as well as works ordered or incorporated in audiovisual works or perpetuated on videographs, in the use of audiovisual works or videographs as a whole,
3) Tracks persisted on phonograms
-included in the collections of the entities referred to in paragraph 1. 2 if entitled to which the copyright is entitled to those works in respect of the fields of exploitation referred to in paragraph 2 (2). 2, they have not been established or found despite the conduct of the search referred to in art. 35 6 .
2. Archives, educational institutions, universities, research institutes conducting the activities referred to in art. 2. 3 of the Act of 30 April 2010. o research institutes, scientific institutes of the Polish Academy of Sciences conducting the activities referred to in art. 50 par. 4 of the Act of 30 April 2010. o Polish Academy of Sciences, libraries and museums, as well as cultural institutions whose statutory task is the collection, protection and dissemination of film or phonographic heritage collections, and public radio and television organizations may multiply orphan works published and, in the absence of publication, granted for the first time in the territory of the European Union or the European Economic Area and make them available to the public in such a way that everyone can have access to them at the place and time of the chosen one.
3. Use of orphan works on the basis of the mouth. 2, shall be permitted in order to implement the statutory tasks of the entities mentioned in the paragraph to the public interest. 2, in particular the preservation, renewal and making available for cultural and educational purposes of the works contained in their collections. They may obtain revenues from such use, provided that they are intended to cover the direct costs of digitisation and public access to orphan works.
4. Free to use, in accordance with the mouth. 2, also from orphan works, which have not been published or granted, if they are authorised by the authorised copyright of the property rights to those works within the field of exploitation fields referred to in paragraph 2. 2, those works have been made publicly available by one of the entities mentioned in the paragraph. 2, if it can be assumed that the eligible person would not oppose such use.
5. If entitled to which the copyright is entitled to orphan works, in the fields of exploitation referred to in paragraph 1. 2, there is more than one, the piece is considered to be orphaned in relation to entitled rights, who have not been established or found despite the conduct of the search referred to in art. 35 6 . Using such a track on the basis of the mouth. 2 is permitted subject to the consent of the other known and found entitled entitled property rights to the work in the field of operation fields referred to in paragraph 2. 2.
6. In the case of public radio and television organizations, the provisions of this branch shall apply to the works referred to in paragraph 1. 1 points 2 and 3 which were produced by those organisations, on their order or order, or in co-productions with them, before 1 January 2003, for the purpose of acquisition by those organisations of exclusive rights.
7. For the use of orphan works on the basis of the mouth. 2 provisions of Article 2 The first and second sentences and Article 34 35 shall apply.
Article 35 6 . [ Seeking copyrighted property rights for the work] 1. Entities mentioned in art. 35 5 paragraph 2, prior to the use of the work, which may be considered to be orphaned, carry out in a diligent manner and in good faith the search for each of the entitled entitled property rights of the work in the field of exploitation fields mentioned in art. 35 5 paragraph 2, consisting in verifying the information on those entitled in the sources suitable for each category of works, hereinafter referred to as "careful search".
2. Staranne search is carried out in a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA)-the party of the agreement on the European Economic Area where the song was first made published, and in the absence of publications-first given for the first time.
3. In the case of an audiovisual work, a diligent search shall be carried out in a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA)-party to the Agreement on the European Economic Area, in where the manufacturer is established or habitually resident.
4. In the case of works referred to in art. 35 5 paragraph 4, a diligent search is carried out in a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA)-a party to the Agreement on the European Economic Area where the entity is established, which share the work with the public.
5. If, in the course of careful searches, it is likely that the information about the rightists referred to in the paragraph has been found. 1, may be located in countries other than those referred to in paragraph 1. 2-4, please check this information in the relevant sources in these countries.
6. Entities mentioned in art. 35 5 paragraph 2 may commission a thorough search for a third party, including a collective rights management organisation or related rights.
7. The injured search is considered to have been carried out against works that have been entered as orphan works into the database referred to in art. 35 7 paragraph 1.
8. Entities listed in art. 35 5 paragraph 2 shall keep records confirming the conduct of the careful searches.
9. Minister for Culture and Conservation of the National Heritage, after consultation with the collective management organisation of copyright or related rights, associations of authors, performers and producers and organizations with a range of the nationwide associations of entities listed in art. 35 5 paragraph 2, it shall determine, by means of a regulation:
1) a list of sources whose verification is required in the framework of careful search, covering at least the sources listed in the Annex to the Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012. on certain permitted modes of use of orphan works (Dz. Urz. EU L 299 of 27.10.2012, s. 5), taking into account the need for reliable conduct of careful searches and the availability of information on the rightists in particular sources;
2) how to document information about the results of the careful search by the entities listed in art. 35 5 paragraph 2, taking into account the need to ensure a uniform standard of documenting careful searching.
Article 35 7 . [ Registration of track in orphan works] 1. At the request of the entity referred to in art. 35 5 paragraph 2, submitted before the start of the use of the orphan work, the Minister for Culture and National Heritage protection shall register the entity with the orphan works ' base of the Office for Harmonisation in the Internal Market in framework of the European Observatory for infringements of intellectual property rights.
2. The Minister of competent for culture and protection of national heritage, by decision, states that the applicant is not one of the entities mentioned in art. 35 5 paragraph 2, which are authorised to use orphan works.
3. Entities mentioned in art. 35 5 paragraph 2, registered in the database referred to in paragraph. 1, communicate to the Minister for Culture and Conservation of the National Heritage, and provide information on:
1) the results of these diligent searches carried out by these entities;
2) the ways of using those entities from orphan works;
3) changes in the status of the orphan work, according to art. 35 8 ;
4) their contact details.
4. The conclusions and the information referred to in paragraph. 1 and 3, shall be transmitted by means of a computerised system serving the database referred to in paragraph 1. 1.
Article 35 8 . [ Expiration of orphan song status] 1. An eligible, to whom in the field of exploitation fields referred to in art. 35 5 paragraph 2. The copyright of the property is entitled to a work which is considered to be an orphan's, may require the entity which entered the piece in the database referred to in Article 3. 35 7 paragraph 1, or from his successor in law, to determine the expiry of the status of the orphan work in so far as it demonstrates his rights to that work.
2. Admissibility of use of orphan works on the basis of art. 35 5 paragraph 2 shall cease in the event of an expiry of the status of the orphan work in respect of the rights of the rightholder, and shall include information on the matter in the database referred to in Article 3. 35 7 paragraph 1.
3. If the authorized request referred to in paragraph 1, which has shown its rights to the orphan work will not be taken into account within one month from the date of its service, the admissibility of the use of the orphan work by the entity to which the request has been addressed, shall cease on the date of expiry of the period of time This term.
4. If an entity that has entered the track into the database referred to in art. 35 7 paragraph 1, does not exist and has no legal successor, the entitled, referred to in paragraph. 1, may request an expiry of the status of the orphan work in so far as it demonstrates the right to that work to the Minister responsible for culture and the protection of the national heritage. The refusal to expire the orphan work status shall be refused by decision. The provisions of the paragraph 3 does not apply.
5. The entitlement referred to in paragraph 5. 1, may request the entity referred to in Article 35 5 paragraph 2 the payment of fair compensation for the use of his work as an orphan work. The amount of compensation shall take into account the nature and extent of the use of the work, the amount of the revenues derived from the Article. 35 5 paragraph 3. the second sentence, and the damage which has been done to the righold in connection with this use.
Article 35 9 . [ Exemption of the provisions of division 5] The provisions of Division 5 shall not apply in the case referred to in Article 3. 8 ust. 3.
Division 6
Certain ways of using works not available in the course of trade
Article 35 10 . [ Commercial works not available in the course of trade] 1. Works that are not commercially available are works published in books, journals, periodicals or in other forms of publication, if such works are not available to the public in the course of the marketing authorisation granted by the competent authorities to whom they are entitled copyright of property rights to those works in the field of operation fields mentioned in the paragraph. 2, neither in the form of copies marketed in a number which satisfies the rational needs of the public or by way of public access in such a way that everyone can have access to them at the place and time by which they are chosen. In determining the availability of works, the marketing of copies of works for which the exhaustion of the rights referred to in Article shall not be taken into account shall be taken into consideration. 51 (1) 3.
2. Archives, educational institutions, colleges, scientific units within the meaning of the Act of 30 April 2010. the rules for the financing of science and the institutions of culture may, on the basis of a contract concluded with the Minister for Culture and the Protection of the National Heritage of the Collective Rights Management Organisation, be a fan of the in their collections, works not available in trade published for the first time in the territory of the Republic of Poland before 24 May 1994. and make them publicly available in such a way that everyone can have access to them at the place and time by which they are selected. Article Recipe 35 5 paragraph 3 shall apply mutatis mutandis.
3. The collective management organisation referred to in paragraph 3. 2, shall be deemed to be entitled to the management of the rights referred to in paragraph 1. 1 who did not grant it, if the track was entered in the list of works not available in the course of trade, and authorised within 90 days from the date of disclosure of the entry, did not notify the organisation of written objection to the management of the by their rights.
4. The entitlements referred to in paragraph 1 shall be entitled. 1, who have not objected in accordance with the paragraph. 3, may, after the expiry of the period laid down in that provision, relinate in respect of certain works, the brokering of the collective management organisation referred to in paragraph 1 (2). 2, making its written declaration of the termination of the authorisation referred to in paragraph 2. 3, with three months ' notice with effect at the end of the calendar year. The organisation shall immediately inform the Minister responsible for culture and the protection of the national heritage and the bodies referred to in paragraph thereof in writing. 2, with whom it has concluded agreements covering such works.
5. The provisions of the paragraph. 1-4 does not apply to translations into the Polish language of works expressed in words, which are formed in a foreign language.
Article 35 11 . [ List of works not available in the course of trade] 1. A list of works that are not commercially available to be carried out in the ICT system, hereinafter referred to as "the list of works". The list of works shall be carried out by the Minister responsible for cultural and national heritage protection.
2. The list of works shall include the following information:
1) title of track;
2) the name and surname or pseudonym of the creator, or mention of anonymity;
3) the publisher of the song;
4) the date of the first publication of the piece;
(5) an indication of the collective rights management organisation which has applied for the entry of the work to be included in the list;
6) information on the statement of objection referred to in art. 35 10 paragraph 3, or make a statement referred to in art. 35 10 paragraph 4, with an indication of the date from which it has the effect, and information on the withdrawal of such objection or statement.
3. The list of works is overt and widely available in the Public Information Bulletin on the personal side of the Minister responsible for cultural and national heritage protection.
4. The item in the list of works shall be made at the request of the collective management organisation referred to in Article 4. 35 10 paragraph 2. They shall immediately after receipt of the opposition referred to in Article 35 10 paragraph 3, or the statements referred to in art. 35 10 paragraph 4, the collective management organisation referred to in Article 4. 35 10 paragraph 2, submits an application for inclusion in the list of works of information in this respect.
5. If an application for entry in the list of works does not contain all the information mentioned in the paragraph. 2 points 1-5 of the Minister for Culture and Protection of National Heritage shall invite the applicant to complete the application within a period of not less than 7 days under the rigorous of his return.
(6) The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, a model application for an entry in the list of works, having regard to the scope of the information referred to in paragraph 1. 2 and the need to harmonise the applications submitted.
Article 35 12 . [ Selection of a collective rights management organisation] 1. The collective management organization referred to in art. 35 10 paragraph For a period of not more than five years, the minister responsible for culture and the protection of national heritage shall be appointed for a period of not more than five years following a contest taking into account the following criteria
1. representativeness;
2) the organisational capacity to determine the availability of the works referred to in art. 35 10 paragraph 1;
3) the organisational capacity for the effective payment and settlement of salaries;
4) effectiveness and correctness of the action;
5) the appropriateness of the planned costs of the management of rights to works not available in the course of trade and their amount.
2. The minister competent for culture and protection of national heritage may by means of the contest referred to in paragraph. 1, designate more than one collective rights management organisation, as long as they operate in total.
3. The Minister for Culture and Protection of the National Heritage shall announce in the Public Information Bulletin on its website the contest referred to in paragraph 1. 1, and its result.
4. The collective rights management organization taking part in the contest referred to in the paragraph. 1, may submit to the minister competent for the affairs of culture and the protection of national heritage, within 7 days from the day of the announcement of the result of this contest, an appeal against its result due to a violation of the provisions of law.
5. The appeal referred to in the paragraph. 4, the minister responsible for culture and protection of national heritage shall consider within 14 days from the date of its impact. In the event that the appeal is taken into account, the Minister for Culture and the Protection of National Heritage shall invalidates the contest referred to in paragraph 1. 1.
6. The Minister for Culture and the Protection of National Heritage, after consulting the collective rights management organisation, will determine, by means of a regulation:
1) the required scope of the information to be included in the notice of competition referred to in paragraph. 1, whereas the minimum scope of such information is to include at least the conditions for participation in the competition, the time limit for the submission of tenders and the criteria for their evaluation;
2) the scope of the competition documentation, bearing in mind that the scope of this dossier shall at least specify the conditions for participation in the contest referred to in the paragraph. 1, the requirements to be met by the tender and the criteria for the evaluation of tenders;
(3) the mode of competition proceedings, with a view to its transparency, reliability and objectivity.
Chapter 4
Copyright duration of property rights
Article 36. [ Copyright expiration] Subject to the exceptions provided for in the Act, the copyright of property rights shall expire on the expiry of the seventy years:
1) from the death of the creator, and to the co-authors ' works-from the death of the co-creator who survived the others;
2) in respect of a piece whose creator is not known-from the date of the first dissemination, unless the pseudonym leaves no doubt as to the identity of the author or if the author disclosed his identity;
3) in respect of the piece to which the copyright of the property is entitled under the Act to the person other than the creator-from the date of distribution of the work, and when the piece has not been distributed-from the date of its determination;
4) in relation to the audiovisual work-from the death at the latest of the dead of the mentioned persons: the chief director, the author of the script, the author of the dialogues, the composer of music composed for the audiovisual work;
5) with regard to the musical word-music, if the lyrics and musical composition were created especially for a given word-musical composition-from the death of later deceased from the mentioned persons: the author of the lyrics or a composer of the musical work.
Article 37. [ Start of the expiry date of the rights] If the expiry date of the property rights originates from the dissemination of the work, and the track has been distributed in parts, sections, fragments or insoles, the time limit shall be counted separately from the date of dissemination of each of the Listed parts.
Article 39. [ Calculation of the copyright duration of property rights] The duration of copyright of property rights shall be counted in full years following the year in which the event occurs, from which the time limits laid down in the Article shall begin to run. 36 and art. 37.
Chapter 5
Ownership of property rights
Article 41. [ Transition of rights to other persons] 1. If the Act does not provide otherwise:
1) the copyright of property rights may pass on other persons by way of inheritance or on the basis of the contract;
2) the buyer of the copyright of property rights may transfer them to other persons, unless the contract provides otherwise.
2. The contract for the transfer of property rights or the contract for use of the work, hereinafter referred to as the "licence", shall include the fields of operation expressly mentioned in it.
3. A contract in part concerning all works or all works of a particular type of the same creator to be created in the future is not important.
4. The contract may concern only the fields of operation which are known at the time of its conclusion.
5. The originator of a piece used or incorporated in an audiovisual work and a work in a collective composition, after the creation of new means of exploitation of works, cannot without an important reason refuse to grant permission for the use of this a track under an audiovisual work or a collective work on the exploitation fields unknown at the time of conclusion of the contract.
Article 42. [ The passage of rights after the death of one of the co-creators] If the copyright of the property rights of one of the co-creators would fall to the State Treasury as the statutory heir, this part proceeds to the survivors ' survivors or their successors, according to the size of their shares.
Article 43. [ Remuneration] 1. If the contract does not show that the transfer of the property rights or the grant of the licence has been made free of charge, the creator shall be entitled to remuneration.
2. If the contract does not specify the amount of the author's remuneration, the amount of the remuneration shall be determined by taking into account the scope of the law granted and the benefits of the use of the work.
Article 44. [ Salary increase request] In the event of a gross imbalance between the remuneration of the creator and the advantages of the copyright buyer or the licensee, the creator may request an appropriate increase in remuneration by the court.
Article 45. [ Remuneration for the use of a piece in each separate field of operation] Unless otherwise provided by the contract, the originator shall be entitled to a separate remuneration for the use of the work in each separate field of operation.
Article 46. [ Right of permitting the exercise of dependent copyright] Unless otherwise provided by the contract, the originator retains the exclusive right to authorise the exercise of the dependent copyright law, even though the contract has been decided to transfer all the copyright of the property.
Article 47. [ Right of access to documentation on the amount of proceeds from the use of the work] If the remuneration of the originator depends on the amount of proceeds from the use of the work, the originator shall have the right to receive the information and review to the necessary extent to the documentation relevant for determining the amount of that remuneration.
Article 48. [ Remuneration as a percentage] 1. If the remuneration of the creator is specified as a percentage of the sales price of copies of the work, and the price is increased, the creators must be set up with a percentage of the copies sold at the increased price.
2. A one-sided reduction in the sale price of copies before the end of the year from accession to the distribution of the work does not affect the amount of the remuneration. The parties may extend this period.
Article 49. [ How to use the song] 1. If the contract does not specify the use of the work, it shall be in accordance with the nature and purpose of the work and the intended customs.
2. The legal successor, even though the entire copyright of the property is acquired, cannot, without the consent of the creator, make changes to the works, unless they are caused by an obvious necessity, and the creator would not have the right reason to oppose. This applies mutatis mutandis to works whose copyright protection time has expired.
Article 50. [ Distinct operating fields] The separate fields of operation shall in particular consist of:
1) in the field of fixation and reproduction of the work-the production of a particular technique of the work, including printing, reprographic, magnetic recording technology and digital technique;
2. in respect of the turnover of the original, or copies on which the work has been recorded, the marketing, lending or rental of the original or copies;
(3) for the distribution of the work in a manner other than that defined in point 2, the public execution, exhibition, display, reproduction and broadcasting, and the making available to the public in such a way that everyone can have access to it. access in the place and at the time of the selected one.
Article 51. [ The placing on the market of the original or a copy of the work in the territory of the European Economic Area] 1. (lost power)
2. (lost power)
3. The placing on the market of the original or a copy of the work on the territory of the European Economic Area exhausts the right to permit the further circulation of such a copy on the territory of the Republic of Poland, with the exception of its rental or lending.
Article 52. [ Effect of transfer of copy ownership] 1. If the contract does not provide otherwise, the transfer of the copy of the work copy does not result in the passage of the copyright of the property rights to the work.
2. If the contract does not provide otherwise, the transfer of the copyright of the property shall not result in the transfer to the purchaser of the copy of the piece of work.
3. The buyer of the original of the work shall be made available to the creator to the extent that it is necessary for the exercise of copyright law. However, the purchaser of the original may require the creator of the appropriate security and remuneration for the use.
Article 53. [ Form of a copyright transfer agreement] The contract for the transfer of copyright of property rights requires the conduct of the written form under the rigorous annulment.
Article 54. [ Delivery Deadline] 1. The creator is obliged to deliver the piece within the time limit specified in the contract, and if the term has not been marked-immediately after completion of the work.
2. If the creator has not delivered the work within the prescribed period, the procurator may appoint the creator an appropriate additional deadline with the risk of withdrawal from the contract, and after his/her unsuccessfully expiry may from the contract waive.
Article 55. [ Failure and legal defects of the song] 1. If the ordered track has glitches, the procurator may appoint the creator the appropriate time limit for their removal, and after his/her unsuccessfully expiry may from the contract waive or demand appropriate reduction of the agreed remuneration, unless the defects are the result of the circumstances for which the creator is not responsible. The creator retains in any case the right to receive part of the remuneration, not higher than 25% of the contractual remuneration.
2. If the track has legal defects, the procuring may from the contract waiver and demand compensation for the damage suffered.
3. Claims referred to in paragraph. 1, they expire when the song is accepted.
4. If the procurator does not notify the creator within six months of the delivery of the work of his acceptance, the non-acceptance or addiction of the acceptance from the making of the specified changes within the prescribed time limit, it shall be deemed to be the track record has been accepted without reservations. Pages can specify a different term.
Article 56. [ Withdrawal from the contract by the creator] 1. The originator may depart from the contract or terminate it on account of its essential creative interests.
2. If within two years of the withdrawal or termination referred to in paragraph. 1, the creator intends to accede to the work, has the obligation to offer this use of the buyer or licensee, designating it for this purpose the appropriate term.
3. If the withdrawal or termination of the contract occurs after the adoption of the work, the effectiveness of the withdrawal or termination may be made by the other party of the contract subject to the security of the costs incurred by it in connection with the contract concluded. However, it is not possible to demand reimbursement of costs where the omission of distribution is a consequence of the circumstances for which the creator is not responsible.
4. The provision of the paragraph. 1 shall not apply to architectural and architectural works, audiovisual works and works ordered for their operation in an audiovisual work.
Article 57. [ Withdrawal from the contract in the event of non-accession to the dissemination of the work within the time limit] 1. If the purchaser of the property rights or the licensee, who has pledged to distribute the work, shall not accede to the distribution within the time limit, and in the absence thereof-within two years of the adoption of the work, the creator may depart from a contract or an expression of the contract and the claim to make good the damage after an ineffective expiry of the additional period, not less than six months.
2. If, owing to the circumstances for which the purchaser or the licensee is liable, the piece has not been made available to the public, the creator may demand, instead of correcting the damage suffered, the double remuneration in relation to the specified in the contract for the distribution of the work, unless the licence is non-exclusive.
3. The provisions of the paragraph. 1 and 2 do not apply to architectural and urban architectural works.
Article 58. [ Withdrawal from the contract as a result of improper public access to the work] If the making available to the public is in an inadequate form or as a change which the creator could legitimately object to, he may, after an ineffective call for failure to derogate from the contract, or terminate it. The authors shall be entitled to the remuneration of the contract.
Article 59. [ Contract derogating authority] If the Act does not provide otherwise, either party shall depart from the contract or may request the other party to repay all that has received it under the contract.
Article 60. [ Supervision by author] 1. The use of the work is obliged to enable the artist to perform the copyright supervision before the work is distributed. If the changes made in connection with the supervision of a change in work are necessary and result from the circumstances of the independent creator, the costs of their introduction shall be borne by the purchaser of the property rights or the licensee.
2. If the creator does not carry out the copyright supervision in due time, he is believed to have given his consent to the dissemination of the song.
3. If the Act or the contract does not provide otherwise, the creator of the author's supervision shall not be entitled to a separate remuneration.
4. The creator of the plastic work shall be entitled to the exercise of paid supervision by the author.
5. The supervision of the author's supervision over architectural and architectural and urban development works shall be governed by separate regulations.
Article 61. [ Acquisition of a copy of the architectural design] If the contract does not provide otherwise, the acquisition from the originator of the architectural or architectural-urban design shall include the right to apply it to one construction only.
Article 62. [ Agreement on collective release of works] 1. The creator may, in the collective publication of his works, place the works which the publication of which has entered into a separate agreement.
2. An agreement on collective release of works does not include the right to publish individual works, unless otherwise decided in it.
Article 63. [ The drawing up of copies intended to be made available to the public] If the contract involves the drawing up of copies intended to be made available to the public, the authors shall be copies of the copyright in the number specified in the contract.
Article 64. [ The effect of the agreement obliging to transfer the copyright of property rights] The contract obliging the transfer of property rights shall be transferred to the purchaser upon the adoption of the work, the right to use the work exclusively for the use of the work in the field of operation, unless otherwise specified in the contract.
Article 65. [ Presumption Of Licence] In the absence of a clear provision on the transfer of the law, the creator shall be deemed to have granted the licence.
Article 66. [ Permission to use the work resulting from the license agreement] 1. The license agreement entitles to use the work during a period of five years in the territory of the State in which the licensee is established, unless otherwise stipulated in the contract.
2. After the expiry of the period referred to in paragraph. 1, the law obtained pursuant to the license agreement expires.
Article 67. [ To determine the scope of use of the work] 1. The originator may grant the authorization to use the work on listed in the contract of exploitation fields with the definition of the scope, place and time of this use.
2. If the contract does not reserve the exclusive use of the work in a specific way (exclusive license), the grant of the licence does not limit the grant by the originator of the authorisation to other persons to use the work in the same field of operation (license Non-exclusive).
3. If the contract does not provide otherwise, the licensee may not authorize another person to use the piece in the scope of the obtained license.
4. If the contract does not provide otherwise, the entitled from the exclusive licence may claim the copyright infringement of the property rights, in the scope of the licensed contract.
5. The exclusive license agreement requires the conduct of the written form under the rigorous of invalidity.
Article 68. [ Termination of the license agreement] 1. If the contract does not provide otherwise, and the licence is granted for an indeterminate period, the creator may terminate it with the observance of the contractual terms, and in their absence for one year forward, at the end of the calendar year.
2. The licence granted for a period of more than five years shall be deemed, after the expiry of that period, to be granted for an indeterminate period.
Chapter 6
Specific provisions relating to audiovisual works
Article 69. [ Audiovisual co-creators] The co-creators of the audiovisual work are those who have contributed creative input in its formation, and in particular: the director, the image operator, the creator of the adaptation of the literary work, the creator created for the piece of audiovisual music works or Word & music and the script creator.
Article 70. [ The powers of the co-authors of the audiovisual work and the artists of the performers] (1) It is not considered that the producer of the audiovisual work is acquired by contract to create a work or contract for the use of an already existing piece of exclusive property rights for the exploitation of those works within the framework of the audiovisual work as a whole.
2. (lost power)
2 1 The co-authors of the audiovisual work and the performers shall be entitled to:
1) the remuneration proportional to the proceeds from the display of the audiovisual work in cinemas;
2) the appropriate remuneration for the lease of copies of audiovisual works and their public recovery;
(3) appropriate remuneration for the transmission of the work on television or through other means of public making available to the works;
(4) the appropriate remuneration for the reproduction of the audiovisual work on a copy intended for personal use.
3. The use of the audiovisual work shall pay the remuneration referred to in paragraph 1. 2 1 , through a competent collective management organisation, copyright or related rights.
4. The appropriate remuneration for the use of the Polish audiovisual work abroad or the foreign audiovisual work in the Republic of Poland may be fixed on a flat rate basis.
Article 71. [ Translation of audio-visual works for other languages] The manufacturer may without the consent of the authors of the audiovisual work make translations into different language versions.
Article 72. [ Permission of the creator of the song ordered for audiovisual work] The creator of the work ordered for the audiovisual work may, after a period of five years from the reception of the work ordered, authorise the dissemination of the work in another audiovisual work, if no distribution of the work has taken place within that period. audio-visual with its utworem. Pages may shorten this term.
Article 73. [ Exercise of the copyright law] The right to copyright can be exercised only in relation to the final version of the audiovisual work.
Chapter 7
Special provisions on computer programs
Article 74. [ Copyright of property rights to the computer program and legal protection] 1. Computer programs shall be protected as literary works, unless the provisions of this chapter provide otherwise.
2. The protection granted to a computer program shall cover all forms of its expression. The ideas and principles underlying any element of a computer program, including the basis of links, shall not be protected.
3. The property rights of the computer program created by the employee as a result of the performance of duties from the employment relationship shall be entitled to the employer, unless the contract provides otherwise.
4. Author of property rights to a computer program, subject to the provisions of art. 75 par. 2 and 3, include the right to:
1) permanent or temporary reproduction of a computer program in whole or in part by any means and in any form; to the extent that for the entry, display, use, transmission and storage of the program Whereas it is necessary to multiply the computer, these operations require the consent of the authorized person;
2) translation, adaptation, alteration of the system or any other changes to the computer program, with the preservation of the rights of the person who made these changes;
3. dissemination, including use or rental, computer program or copy thereof.
Article 75. [ No requirement to obtain the permission] 1. If the contract does not provide otherwise, the activities listed in Art. 74 par. Points 1 and 2 do not require the consent of the rightholder, if they are necessary for the use of the computer program in accordance with his intended purpose, including correcting errors by the person who legally entered into his possession.
2. Does not require the permission of the authorized:
1) the drawing up of the backup, if necessary for the use of the computer program. Unless otherwise provided for in the Agreement, this copy shall not be used simultaneously with the computer programme;
2) observing, testing and testing the functioning of a computer program in order to know its idea and the rules by a person having the right to use a copy of a computer program, if, being authorized to do so, it is carried out in the entry, display, use, transfer or storage of a computer program;
3) a multiplying code or a translation of its form within the meaning of art. 74 par. Article 4 (1) and (2), where necessary to obtain the information necessary to achieve the interoperability of independently created computer programs with other computer programs, provided that the following conditions are met:
(a) these operations are carried out by the licensee or another person entitled to use a copy of the computer program or by another person acting on their behalf,
(b) the information necessary to achieve the interoperability has not previously been readily accessible to the persons referred to under point (a),
(c) those operations refer to those parts of the original computer programme which are necessary to achieve interoperability.
3. The information referred to in paragraph. Paragraph 2, point 3, shall not be:
1) used for other purposes than attaining the interoperability of independently created computer program;
2) communicated to other persons, unless it is necessary to achieve the interoperability of independently created computer program;
3. used for the development, manufacture or placing on the market of a computer program with a substantially similar form of expression or to other activities infringing the copyright.
Article 76. [ Invalidity of contractual provisions contrary to art. 75 par. 2 and 3] The provisions of the agreements are contrary to Article 75 par. 2 and 3 are invalid.
Article 77. [ Exemption of certain provisions of the Act] No provisions shall be applied to computer programs. 16 points 3-5, art. 20, art. 23, art. 23 1 , art. 27, art. 28, art. 33 1 -33 5 , art. 49 (1) 2, art. 56, art. 60 and art. 62.
Article 77 1 . [ Right to request the destruction of certain technical devices] The authorised user may require the user of a computer program to destroy the technical means (including computer programs) of the computer program whose sole purpose is to facilitate the unauthorised removal or circumvention. technical security of the programme.
Article 77 2 . [ Scope of protection conferred on data bases meeting the characteristics of the work] The protection granted to the data bases meeting the characteristics of the work does not include computer programs used to draw up or maintain the databases accessible by electronic means.
Chapter 8
Copyright protection of personal rights
Article 78. [ Scope of protection of personal rights] 1. The originator, whose author's personal rights have been threatened by other people's actions, may demand the failure to act. In the event of an infringement, it may also require the person who committed the infringement to complete the steps necessary to remove the effects thereof, in particular in order to make a public statement of the relevant content and form. If the infringement has been unfolded, the court may award the originator a reasonable amount of redress as compensation for any known harm or, at the request of the originator, to oblige the perpetrator to pay the appropriate amount of money to the social objective indicated by the creator.
2. If the creator has not expressed another will, after his death with a claim for copyright protection of the personal rights of the deceased, the spouse may occur, and in his absence successively: the descendants, the parents, siblings, the descendants of the siblings.
3. If the creator has not expressed another will, the persons mentioned in the mouth. 2 shall be entitled in the same order to exercise the copyright of the deceased creator's personal rights.
4. If the creator has not expressed any other will, with the action referred to in paragraph. 2, there may also be an association of creators competent because of the type of creation or collective management organisation of copyright or related rights which managed the copyright of the deceased creator.
Chapter 9
Copyright protection of property rights
Article 79. [ Scope of protection of property rights] 1. An authorized person whose copyrighted property rights have been infringed may require the person who violated these rights:
1) omission of violations;
2) removal of the effects of the infringement
(3) compensation for damage:
(a) either in general terms or
b) [ 1] by payment of the sum of money corresponding to twice, and where the infringement is wrapped, three times the appropriate remuneration, which, at the time of its investigation, would have been due to be given by the authorized consent of use of the work;
4) release of the obtained benefits.
2. Regardless of the claims, specified in the paragraph. 1, entitled to claim a single or repeated notice in the press of the declaration of the relevant content and form or to make public the part or all of the decision of the court issued in the case in question, in a manner and in the the scope of the court.
3. The court may order the person who infringed the copyright of the property rights, at its request and with the consent of the rightholder, in the event that the infringement is unfolded, payment of the relevant sum of money to the rightholder, if the omission of the infringement or the violation of the effects of the infringement would be for a person infringing dismissable.
(4) The Court of First Instance, in deciding on a breach of the law, may rule on a request from the holder of unlawfully produced objects and of the means and materials used to produce them, in particular it may rule on their withdrawal from the market, conferring on the rightholder the right to a the amount of compensation due or destroyed. The court shall take account of the gravity of the infringement and the interests of third parties.
(5) The measures and materials referred to in paragraph 5 are not presumed to be subject to the provisions of this Article. 4, they are the property of the person who violated the copyright of the property rights.
6. Paragraph Recipe 1 shall apply mutatis mutandis in the case of the removal or circumvention of technical safeguards against access, reproduction or dissemination of the work, where these actions are intended to make use of the work illegally.
7. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis in the case of removal or modification without authorization of any electronic information on the management of copyright or related rights, as well as knowingly disseminating of works with unlawfully removed or modified such information.
Article 80. [ Copyright protection of property rights in court proceedings] 1. The court competent to identify cases of copyright infringement of the property rights of the place where the perpetrator carries out the activity or in which his or her property is located, also before the application of the action shall be recognized, not later than 3 days from the day the submission of the court, an application having legal interest in this:
(1) to secure evidence and to secure claims relating to them;
2) on the obligation infringing the copyright of the property rights to provide information and to make available the documentation specified by the court of relevance for the claims referred to in art. 79 par. 1;
3) a commitment other than the infringing persons to provide information which is relevant to the claims referred to in art. 79 par. 1, of origin, distribution networks, quantity and price of goods or services infringing the copyright of property rights, if:
(a) it has been found to have goods infringing the copyright of property rights, or
(b) it has been found to have been using the services infringing the property rights, or
(c) it has been established that it provides services used in activities infringing the copyright of property rights, or
(d) has been identified by the person referred to in (a), (b) or (c) as a participant in the production, manufacture or distribution of goods or services infringing the copyright of property rights,
and the above measures are intended to obtain directly or indirectly a profit or other economic advantage, without any such action being taken by consumers who are in good faith.
2. The Tribunal, by allowing evidence or recognizing the applications referred to in paragraph. 1, ensures the preservation of the mystery of the entrepreneur and other laws of law protected.
3. From the obligation referred to in paragraph. 1 points 2 and 3, it may be waived by those who, according to the provisions of the Code of Civil Procedure, could, as a witness, refuse to testify or answer the question posed to him.
4. In justified cases, the court may make the issue of the order to secure the evidence referred to in the paragraph. 1 point 1, from the lodging of the deposit.
5. The complaints to the court's orders in the cases referred to in the paragraph. 1, the court shall recognize within 7 days.
(6) In the case of the security of evidence, the provisions of 733, art. 742 and art. 744-746 of the Code of Civil Procedure.
Chapter 10
Protection of the image, addressee of correspondence and secrecy of sources of information
Article 81. [ Dissemination of image] 1. Dissemination of the image requires the consent of the person presented to it. In the absence of a clear reservation, no authorisation shall be required if that person has received an agreed payment for the posing of the claim.
2. Permits does not require the dissemination of the image:
1) a person commonly known, if the image has been carried out in connection with the exercise by it of public functions, in particular political, social, professional;
2) a person who is only a detail of a whole, such as a congregation, a landscape, a public party.
Article 82. [ Dissemination of correspondence] If the person to whom the correspondence is addressed has not expressed any other will, the distribution of correspondence, within the period of twenty years from her death, requires the consent of the spouse, and in the absence of successively the keen, the parents or siblings.
Article 83. [ Claims Investigation] In the event of the dissemination of the image of the person presented therein and the dissemination of correspondence without the required authorisation of the person to whom it is addressed, the provision of art shall apply mutatis mutandis. 78 par. 1. these claims shall not be made after the expiration of twenty years from the death of those persons.
Article 84. [ The obligation to preserve the secrecy of the sources of information used in the work] 1. The originator, and the publisher or manufacturer upon request of the originator shall be obliged to keep in secret the sources of the information used in the work and not to disclose the related documents.
2. Disclosure of the mystery shall be permitted with the consent of the person, who has entrusted the mystery, or on the basis of the order of the competent court.
Chapter 11
Related Rights
Division 1
Rights to artistic performances
Article 85. [ Protecting artistic performance of a work or works of folk art] 1. Each artistic performance of a piece or works of folk art shall remain under protection regardless of its value, purpose and manner of expression.
2. Artistic executions, within the meaning of the mouth. 1, there are in particular: the actions of actors, rescuers, conductors, instrumentalists, vocalists, dancers and mimes and other persons in a creative way contributing to the creation of the performance.
Article 86. [ Privileges of the Artist's Artist] 1. Artist's artist shall be entitled, within the limits set by the provisions of the Act, the exclusive right to:
1) the protection of personal property, in particular in the scope of:
(a) indicate it as a contractor, except in cases where the omission is customarily accepted,
(b) decide on the manner in which the contractor is designated, including the behaviour of anonymity or the use of a pseudonym,
(c) to oppose any exuberation, alteration and other alteration of the execution which would be likely to affect his good name;
2) the use of the artistic execution and disposal of the rights to it in the following fields of operation:
(a) in the field of fixation and reproduction, the production of a particular technique of artistic execution, including magnetic recording and digital technique,
(b) as regards the marketing of copies in respect of which the artistic performance has been established, the marketing, use or rental of copies,
(c) in respect of the dissemination of artistic execution in a manner other than that referred to in (c) b-broadcasting, re-emitting and reproducing, unless they are made by means of a copy placed on the market, as well as the public making available of the execution of artistic execution in such a way that everyone can have access to it in place and in the time you have chosen.
2. The artist's artist serves the right to pay for the use of artistic execution or for the disposal of the rights to such execution specified in the contract or granted in the provisions of the Act.
3. In the case of broadcasting, reissuing or reproduction of artistic execution by means of a copy placed on the market, the artist's artist shall be entitled to an appropriate remuneration.
Article 87. [ Manufacturer's powers resulting from the agreement on complicity in the implementation of the audiovisual work] Unless otherwise provided by the agreement, the conclusion by the artist of the artist with the producer of the audiovisual work agreement on the implementation of the audiovisual work shall transfer to the manufacturer the right to dispose of it and to use it, within the framework of that work audio-visual, all known at the time of conclusion of the contract of exploitation.
Article 88. [ Infringement of copyright for the work performed] The artist's law does not infringe on the copyright to the work performed.
Article 89. [ Expiry of the rights of the performer] 1. The law referred to in art. 86 (1) 1 point 2 and paragraph. 2, shall expire at the end of the fifty years following the year in which the artistic execution took place.
2. If, during the period referred to in paragraph 1, 1, there has been a publication or other dissemination of an artistic execution persisted in a different way than on a phonogram, the term of protection counts from this event, and when both-from that of them that took place before, took place.
Article 89 1 . [ Expiry of the rights of the performer in the event of publication or other dissemination] If, during the period referred to in Article 89 par. 1, there has been a publication or other dissemination of the artistic execution established on the phonogram, the law referred to in art. 86 (1) 1 point 2 and paragraph. 2. It shall expire on the expiry of the seventy years after that event, and when both, from the one that took place before, have taken place.
Article 90. [ Artistic execution subject to protection] The provisions of the Act shall apply to the artistic performances which:
1) made by a Polish citizen or a person residing in the territory of the Republic of Poland or
1 1 ) were made by a national of a Member State of the European Union or of the Member States of the European Free Trade Agreement (EFTA)-parties to the Agreement on the European Economic Area, or
2) were established for the first time in the territory of the Republic of Poland, or
3) were published for the first time in the territory of the Republic of Poland, or
4) are protected under international agreements, in so far as their protection is due to these agreements.
Article 91. [ Presumption of Authority to Represent Team by His Manager] The team manager shall be presumed to be empowered to represent the rights of a team of artistic execution. This presumption shall apply mutatis mutandis to the part of the artistic execution which is of self-importance.
Article 92. [ Adequate application of the law] The provisions of Articles shall apply mutatis mutandis to the performance of the performance of the performance 8-10, 12, 18, 21, 21 1 , 41-45, 47-49, 52-55, 57-59, 62-68, 71, and 78.
Article 93. [ Appropriate application of the provisions of the family and caring code] The provisions of Article 1 shall apply mutatis mutandis to the right to artistic execution. 15a and art. 33 point 10 of the Family and Custodial Code.
Division 2
Rights to phonograms and videograms
Article 94. [ Fonogram and videogram] 1. Fonograms is the first fixation of the sound layer of the performance of a song or other acoustic phenomena.
2. Videograms is the first fixation of the sequence of moving images, with or without sound, whether or not it constitutes an audiovisual work.
3. The producer of a phonogram or videogram is the person under whose name or company (name) a phonogram or a videogram was first drawn up.
4. Without prejudice to the rights of creators or performers, the producer of a phonogram or videogram shall have the exclusive right to dispose of and use a phonogram or videogram in the following areas:
1) a multiple of a specified technique;
2. the placing on the market;
3) rental and use of copies;
4) the public sharing of the phonogram or videogram in such a way that everyone can have access to it in place and at the time of the chosen one.
5. In the case of broadcasting, reissuing or reproduction placed on the market of a phonogram or videogram, the producer shall have the right to an appropriate remuneration.
Article 95. [ Expiry of the rights of the producer of phonograms and videograms] 1. The law referred to in art. 94 par. 4 and 5, shall expire at the end of the fifty years following the year in which the phonogram or videogram was drawn up.
2. If, during the period referred to in paragraph 1, 1, the phonogram has been published, the law referred to in art. 94 par. 4 and 5, shall expire on the expiry of the seventy years following the year in which the phonogram was published.
3. If during the period referred to in paragraph. 1, the phonogram has not been published and if it has been circulated in other ways during this period, the law referred to in art. 94 par. 4 and 5, shall expire on the expiry of the seventy years following the year in which the phonogram was circulated.
4. If, during the period referred to in paragraph 1, 1, a videogram has been published or disseminated, the law referred to in art. 94 par. 4 and 5, shall expire on the expiry of the fifty years following the year in which the first of these events took place.
Article 95 1 . [ Adequate application of the law] 1. a provision of art shall apply to phonograms. 21 (1) 1, unless the broadcasting is carried out on the basis of a contract with the rightholders.
2. The provisions of Article 2 shall apply mutatis mutandis to phonograms and videograms. 21 1 .
Article 95 2 . [ Termination of the Agreement] 1. If, fifty-five years after the publication of the phonogram or its distribution in a different way, the producer of a phonogram does not place a sufficient number of copies of the phonogram on the market, which, given its nature, would satisfy the rational needs of the recipients, or does not make it available to the public in such a way that everyone may have access to it in the place and time by each other chosen, the performer or his heir may terminate the contract under which the rights to the performance of the artistic execution has been carried over to the phonogram producer in this respect, or the contract, under which a producer of a phonogram has been granted an exclusive licence in this respect for the use of the artistic execution.
2. The termination of the contract referred to in paragraph. 1, shall take effect, if the producer of a phonogram within one year from the date of service of the declaration by the artist or his heir to the termination of the contract, does not begin to use the phonogram in any of the methods referred to in the paragraph. 1.
3. If the phonogram contains the perpetuation of the performances of several performers, the right to terminate the contract referred to in the paragraph. 1, they shall be entitled to each of them.
4. In the case of effective termination of the contracts concluded in respect of all the artistic performances established on the phonogram, the right of the producer of this phonogram referred to in art. 94 par. 4 and 5, expires.
5. The right to terminate the contract referred to in paragraph. 1, shall not be subject to renunciation or disposal.
Article 95 3 . [ The right to an annual additional remuneration from the phonogram producer] 1. If the transfer of the rights to the artistic execution on the producer of a phonogram or the grant of the exclusive licence to the use of the artistic execution took place for a one-off remuneration, the performer shall have the right to an annual additional the remuneration of a phonogram producer for each year following the end of the 50 years following the year of publication of the phonogram or its distribution in a different way.
2. The amount of additional remuneration referred to in paragraph 2. 1, shall be 20% of the revenue of the producer of the phonogram obtained in the previous year for the reproduction, marketing and public release of the phonogram, in such a way that everyone can have access to it at the place and time of the selected phonogram.
3. The right to the additional remuneration referred to in the paragraph. 1, shall not be subject to renunciation or disposal.
4. Payment of the additional remuneration referred to in paragraph. 1, through a collective management organisation related to artistic performances, designated for a period of not more than five years by the minister competent for culture and the protection of national heritage after the completion of the a contest taking into account the following criteria:
1. representativeness;
2) the organisational capacity to carry out the task in such a way as to ensure the effective collection of the remuneration referred to in the paragraph. 1, and their payment;
3) effectiveness and correctness of the action;
(4) the appropriateness of the planned cost of the payment of the remuneration referred to in paragraph 1. 1, and their height.
5. The Minister for Culture and Protection of the National Heritage shall announce in the Public Information Bulletin on its website the contest referred to in paragraph 1. 4, and its result.
6. The organisation of collective management of rights related to artistic performances taking part in the contest referred to in the paragraph. 4, may submit to the minister competent for the affairs of culture and the protection of national heritage, within 7 days from the day of the announcement of the result of this contest, an appeal against its result due to a violation of the provisions of law.
7. The appeal referred to in the paragraph. 6, the minister responsible for culture and protection of national heritage shall consider within 14 days from the date of its impact. In the event that the appeal is taken into account, the Minister for Culture and the Protection of National Heritage shall invalidates the contest referred to in paragraph 1. 4.
8. Artist's artist or collective management organization referred to in paragraph. 4, they may require the producer of the phonogram to provide any information and to make available the documents necessary to determine the amount of additional remuneration payable to them, as referred to in paragraph 4. 1, and its payment.
9. The collective management organisation referred to in paragraph 1. 4, has the right to devote from the additional remuneration referred to in paragraph. 1, not more than 10% of its value to cover the justified and documented costs of the investigation and the payment of that remuneration.
(10) The Minister for Culture and the Protection of National Heritage, after consulting the collective management organisation related to the artistic performances and the organisation of producers of phonograms, will determine, by means of a regulation:
1. the method of downloading the additional remuneration referred to in paragraph. 1, to make deductions from it and to pay it, bearing in mind the need to ensure that the collection and payment of this remuneration is carried out in an efficient and transparent manner and that the deductions are justified and documented;
2) the required scope of the information to be included in the notice of competition referred to in paragraph. 4, whereas the minimum scope of such information is to include at least the conditions for participation in the competition, the time limit for the submission of tenders and the criteria for their evaluation;
3) the scope of the competition documentation, bearing in mind that the scope of this dossier shall at least specify the conditions for participation in the contest referred to in the paragraph. 4, the requirements to be met by the tender and the criteria for the evaluation of tenders;
(4) the mode of competition proceedings, with a view to transparency, fairness and objectivity of the competition proceedings.
Article 95 4 . [ Transfer of rights for remuneration paid to the performer by the producer of a phonogram periodically] Where the transfer of artistic rights to a producer of a phonogram or the grant of an exclusive licence for the use of the artistic execution has taken place on the basis of the remuneration paid to the contractor by the producer of the phonogram periodically, withdrawals from that title shall not be deducted from any advances or other deductions specified in the contract after the expiry of the fifty years following the publication of the phonogram or its distribution in other ways.
Article 96. [ Fonograms and videograms governed by law] The provisions of the Act apply to phonograms and videograms:
1) of which the producer has on the territory of the Republic of Poland the place of residence or seat, or
1 1 ) of which the producer is resident or established in the European Economic Area, or
2) which are protected on the basis of international agreements, to the extent that their protection results from these agreements.
Division 3
Rights to grant programmes
Article 97. [ Privileges of radio and television organizations] Without prejudice to the rights of authors, performers, producers of phonograms and videograms, radio or television organisations shall have the exclusive right to dispose of and use their broadcasts within the scope of:
1) fixation;
2) a multipsification of a particular technique;
3) broadcasting by another radio or television organization;
4. re-emitting;
5. the placing on the market of their fixings;
6) restores in places available for admission fee;
7) to make their fixings available in such a way that everyone can have access to them in place and at the time of their chosen one.
Article 98. [ The expiry of the rights of radio and television organisations] The law referred to in art. 97, extinguishing at the end of the fifty years following the year of the first grant of the programme.
Article 99. [ Broadcasting of programmes covered by the Act] The provisions of the Act shall apply to the broadcasting of programmes:
1) radio and television organization, which is established on the territory of the Republic of Poland or
2. a radio and television organisation which is established in the territory of the European Economic Area;
3) which are protected on the basis of international agreements, to the extent that their protection results from these agreements.
Division 3 1
The right to first releases and scientific and critical releases
Article 99 1 . [ The authority of the publishers distributing unpublished unpublished copyrighted work] Publishers who have been the first to lawfully publish or otherwise distribute a track whose term of protection has already expired and its copies have not yet been made publicly available, shall be entitled to the exclusive right to dispose of it the use and use of it in all fields of operation for a period of twenty-five years from the date of the first publication or dissemination.
Article 99 2 . [ Rights of the person issuing critical or scientific issue of the work unprotected by copyright] Those who, after the expiry of the period of protection of copyright in the work, have prepared his or her critical or scientific issue, other than that of which he or she is entitled, shall have the exclusive right to dispose of such a release and use it within the scope referred to in Article 4. 50 points 1 and 2, for a period of thirty years from the date of publication.
Article 99 3 . [ Adequate application of the law] The provisions of Article 4 99 1 and art. 99 2 shall apply mutatis mutandis to works and texts which, because of their time of origin or character, have never been covered by the protection of copyright.
Article 99 4 . [ Adequate application of the provisions of the Act when setting the time of protection] When designating the security time referred to in art. 99 1 and in art. 99 2 The provisions of Article 4 shall apply mutatis mutandis. 37 and art. 39.
Article 99 5 . [ First editions covered by law] 1. The provisions of the Act shall apply to the first editions:
1) of which the publisher has on the territory of the Republic of Poland the place of residence or seat or
2) whose publisher has a place of residence or seat on the territory of the European Economic Area, or
3) which are protected on the basis of international agreements, to the extent that their protection results from these agreements.
2. The provisions of the Act shall apply to scientific and critical editions, which:
1) were made by a Polish citizen or a person residing in the territory of the Republic of Poland or
2) were established for the first time in the territory of the Republic of Poland, or
3) were published for the first time in the territory of the Republic of Poland, or
4) are protected under international agreements, in so far as their protection is due to these agreements.
Article 99 6 . [ The provisions applicable to the first editions and scientific and critical editions] Chapter 3 shall apply to the first editions and to the scientific and critical editions of Chapter 6 of Chapter 3.
Division 4
Common provisions relating to related rights
Article 100. [ Adequate application of the laws on restrictions on copyright enforcement] The exercise of the rights of artistic performances, phonograms, videograms, broadcasts, as well as the first editions and scientific and critical releases, shall be subject to appropriate restrictions under the provisions of the Article. 23-35.
Article 101. [ Adequate application of the law] The provisions of Article 1 shall apply mutatis mutandis to the artistic performances, phonograms, videograms, broadcasts, first releases and scientific and critical editions. 1 (1) 4, art. 6, art. 6 1 , art. 8 ust. 2, art. 35 5 -35 9 , art. 39, art. 51, art. 79 and art. 80.
Article 102. [ obligation to place on each copy of the phonogram or videogram of the name or company of the manufacturer] 1. In each copy of the phonogram or videogram, the names of the works and the date of preparation, the name or company (name) of the manufacturer and, in the case of fixation, the name of the producer and, in the case of fixation, the name of the producer and the name of the producer of radio or television organisations.
2. It is not presumed that copies not meeting the requirements set out in the paragraph. 1 have been made unlawfully.
Article 103. [ Court of First Instance for the settlement of disputes relating to related rights] Disputes relating to related rights belong to the jurisdiction of the district courts.
Chapter 12
Collective rights management organisations or related rights
Article 104. [ Collective management organisations] 1. The collective management of copyright or related rights, hereinafter referred to as "collective management organizations", within the meaning of the Act, are associations of creators, performers, producers or radio organizations and television broadcasting, whose statutory task is the collective management and protection of the copyright or related rights entrusted to them and the exercise of the powers deriving from the Act.
2. To the organizations referred to in paragraph. 1, the provisions of the law on associations shall apply, except that:
1) a member of the organization may also be a legal person;
2) taking by the organizations of activities specified in the Act requires the permission of the minister competent for culture and protection of the national heritage;
3. the supervision of organisations shall be exercised by the Minister for Culture and National Heritage;
4) with the request for the entry of amendments to the statutes in the National Court Register the collective management organisation shall make a copy of the decision referred to in the paragraph. 6;
5) the register court shall serve the minister competent for culture and protection of the national heritage copy of the application for registration of amendments to the organization's statutes.
2 1 The Minister for Culture and Protection of the National Heritage shall have the right to comment on the application referred to in paragraph 1. 2 point 5, within 14 days from the date of its service, and accede, with the consent of the court, to the proceedings as an interested party.
3. The Minister responsible for Culture and the Protection of National Heritage shall grant the authorisation referred to in paragraph. 2 points 2, to organisations giving a guarantee of sound management of the rights entrusted to them.
3 1 The collective management organisation shall draw up an annual report on its activities not later than 6 months after the balance sheet date.
3 2 The collective management organisation shall keep the accounts and draw up a financial report in accordance with the Act of 29 September 1994. of accounting (Dz. U. of 2016 r. items 1047 and 2255 and from 2017 items 61 and 245).
3 3 The annual accounts of the collective management organisation shall be audited by the statutory auditor. The audit authority shall be selected by the internal audit authority of the organisation.
3 4 The collective management organisation shall transmit without delay the report referred to in paragraph 1. 3 1 , and the report referred to in paragraph. 3 2 , together with the opinion and report of the auditor of the Minister for Culture and Protection of the National Heritage, and make them public by posting on their website.
3 5 The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the detailed scope of the report referred to in paragraph 1. 3 1 , having regard to the information on the organisational structure of the collective management organisation, its internal bodies and assets and the collective management and protection of copyright and related rights activities, as well as the need for make an assessment of the regularity of the implementation by the organisation of its statutory objectives.
4. In the event of a statement of violation of the scope of the permit granted, the minister competent for culture and protection of the national heritage shall invite the organization to remove the breach within the prescribed period with the threat of withdrawal of the permit.
5. The permit referred to in paragraph 5. 2, point 2, may be withdrawn if the organisation:
1. do not perform the duties of management entrusted to, or related to, the management of the copyright or related rights entrusted to it;
2) violate the provisions of the law in respect of the permit granted;
3) does not fulfil the obligation to submit to the approval of the tables of remuneration for the use of works or objects of related rights, in the cases referred to in art. 21 (1) 1 and 2 1 , art. 21 1 paragraph 1 and Art. 70 par. 2 1 , and the recovery operation field.
6. Decision of the Minister responsible for culture and the protection of national heritage of granting or withdrawing the authorisation of the exercise of the powers of the collective management of the powers referred to in the paragraph. 1 is subject to the notice in the Official Journal of the Republic of Poland "Monitor Polski".
Article 105. [ Powers of the collective management organisation] 1. It is not expected that the collective management organisation is entitled to management and protection in respect of the fields of exploitation covered by collective management and that it has a procedural legitimacy in this respect. This presumption may not be invoked when a title of more than one collective management organisation is claimed in the same work or in the performance of the performance of the performance of the performance of the performance of the performance of the performance of the
2. Within the scope of its activity, the collective management organisation may request the provision of information and the provision of the documents necessary to determine the amount of remuneration and fees which it has come to.
Article 106. [ Obligations of collective management organisations] 1. The collective management organisation shall be obliged to treat the rights of its members and the other entities represented by themselves in relation to the management of such rights or the investigation of their protection.
2. The collective management organisation may not, without important reasons, refuse to consent to the use of works or objects of related rights within the limits of the Management Board's own management.
3. The collective management organisation may not, without important reasons, refuse to undertake the management of copyright or related law. This management shall perform in accordance with its statutes.
Article 107. [ The property of the collective management organisation in the event of existence in a given field of operation of other organisations] Where there is more than one collective management organisation in the field of operation, the competent organisation within the meaning of the law shall be the organisation to which the creator or entitled under the law of the related law belongs, and when the creator or the holder of the law is The title of a related right does not belong to any organization or has not disclosed its authorship-an organization designated by the Commission of the Author's Law, referred to in art. 110 1 .
Article 107 1 . [ Agreements concluded by collective management organisations] 1. Collective management organisations may conclude agreements on the granting of licences for the use of works or items of related rights and the collection of remuneration for such use in accordance with the rules laid down in those agreements.
2. Collective management organisations shall conclude agreements on the common collection of remuneration for the use of related rights subjects in the field of exploitation, on the basis of the principles set out in those agreements and the approved tables salaries.
3. If within 6 months from the date of the final approval of the remuneration tables in the cases referred to in paragraph. 2, there will be no agreement on the collection of remuneration for the use of the subjects of related rights, the minister responsible for culture and protection of the national heritage will appoint, by decision, after consulting the collective organisation the management of related rights, which, in the authorisation granted to them, is referred to in Article 104 (1) Article 2 (2) shall have a useful field of exploitation, associations of performers and producers ' associations and associations of entities using related rights subjects in the field of exploitation, one collective organisation the management of the organisations representing those entitled under the related rights, to perform the joint collection referred to in paragraph 1. 2, taking into account the need to ensure the effective collection of the remuneration and their payment, and to assess the effectiveness and regularity of the collective rights management organisation in the field of reformation.
(4) The collective management organisations may, by agreement, designate among themselves one organisation authorised to carry out the activities referred to in paragraph 1. 1, 2 or 3, or appoint an entity which, on their behalf, will carry out those activities on the basis of the authorisations and powers granted.
Article 110. [ The amount of remuneration to be paid for collective management] The amount of the remuneration paid for collective management by collective management organisations should take into account the amount of the proceeds of the use of works and related rights, as well as the nature and extent of the use of the work of the collective management organisation. of these works and related rights subjects.
Chapter 12 1
Commission of Copyright
Division 1
General provisions
Article 110 1 . [ Commission Of Copyright] 1. The Minister for Culture and Protection of the National Heritage shall be appointed by the Commission of the Author Law, hereinafter referred to as the "Commission".
2. The tasks of the Commission shall be:
1) examining cases of approval and amendment of approved remuneration tables for the use of works or objects of related rights;
2) settlement of disputes concerning the use of the tables referred to in point 1;
3) settlement of disputes connected with the conclusion of the contract referred to in art. 21 1 paragraph 1;
4) the indication of the competent organization within the meaning of the Act, in the case referred to in art. 107;
5. examining cases of recovery of the file and supplementing or correcting the Commission's decision;
(6) examining cases of interpretation of the Commission decision.
3. If the provisions of this Chapter do not provide otherwise, the provisions of the Code of Civil Procedure of the Non-procedural Proceedings shall apply to proceedings before the Commission.
4. The provision of art. 49 of the Code of Civil Procedure does not apply.
Article 110 2 . [ Composition of the Commission] 1. The Commission shall consist of thirty arbitrators appointed from among the candidates referred to in paragraph 1. 3.
2. The Minister for Culture and Protection of the National Heritage shall announce in at least two printed journals of nationwide coverage and in the Public Information Bulletin on its subjective page, no later than 60 days before the expiry of the term of office of the Commission, the initiation of the procedure for the appointment of the Commission's arbitrators and shall set a time limit for the submission of candidates, not less than 30 days from the date
3. The candidates for the Commission's arbitrators shall present:
1. collective management organisations;
2) associations of creators, performers and producers;
(3) organisations associating entities using works or related rights subjects;
4) radio and television organizations.
(4) The candidates for the Commission's arbitrators should have the appropriate knowledge and the necessary professional experience in the scope of copyright and related rights.
5. The arbitrator of the Commission shall not be a person:
1) acting in the body of the entity referred to in paragraph. 3, irrespective of whether or not the entity has submitted an arbitrator's candidature;
2. convicted by a final sentence for a deliberate offence or intentional offence, or in respect of which the prohibition of occupations, pursuit of a particular profession or pursuit of a particular business activity has been ordered.
6. The Minister responsible for Cultural and Cultural Heritage shall appoint 15 arbitrators from among the candidates submitted by the entities mentioned in the paragraph to the Commission. 3 (1) and (2) and 15 of the arbitrators submitted by the entities mentioned in the paragraph. 3 points 3 and 4.
7. The Commission's arbitrator shall be independent in the performance of his duties.
8. The term of office of the Commission shall be 3 years.
9. The Commission's arbitrator shall not refuse to perform the duties of a member of the Commission's panel and the chairman or deputy chairman of the Commission without any valid reasons.
Article 110 3 . [ Termination of the term of office of the arbitrator and the grounds for its appeal] 1. Before the end of the term specified in Art. 110 2 paragraph 8 the mandate of the Commission's arbitrator shall expire in the event of his death or appeal.
2. Arbitra of the Commission refers to the Minister for Culture and Protection of the National Heritage in the case of:
1. resignation of the function of arbitrator of the Commission;
2) to convict the final sentence for a deliberate offence or a deliberate tax offence or a decision prohibiting the occupations of a particular position, pursuit of a particular profession or pursuit of a determined business activity;
3) a disease preventing the function of an arbitrator of the Commission lasting more than 6 months;
4) the taking up of the functions in the body of the body referred to in art. 110 2 paragraph 3.
3. In the case referred to in paragraph. The Minister for Culture and the Protection of National Heritage shall appoint a new arbitrator of the Commission, in accordance with the rules laid down in Article 1. 110 2 paragraph 1-6. The mandate of the newly appointed arbitrator shall expire on the expiry of the Commission's term of office
4. Where the Commission arbitrator referred to in paragraph 1. 1, has been a member of the panel adjudicating the Commission or when an arbitrator who is a member of the adjudicatory team has been elected as the chairman or deputy chairman of the Commission, a new member of the adjudicatory panel shall be selected according to the rules laid down for this proceeding within 7 days.
Article 110 4 . [ To make public the names of the arbitrators and the information on the expiry of the mandate] The Minister for Culture and the Protection of National Heritage shall announce in his Official Journal and the Public Information Bulletin on his/her subject-matter the names of the arbitrators which are part of the Commission and information on the expiry of the expiry date. the mandate of the Commission arbitrator and the appointment of a new arbitrator to the Commission
Article 110 5 . [ Commission Work Organisation] 1. The first meeting of the Commission shall take place within 14 days from the date of its appointment.
2. The first meeting of the Commission shall be convened and shall be held by the Minister responsible for cultural and national heritage protection. At its meeting, the Commission shall elect the President of the Commission.
3. Selection of the President of the Commission shall be made by a majority of 2/3 votes in the presence of at least 20 Commission arbitrators.
4. In the event of failure to elect the President at the first meeting of the Commission, the President shall appoint the Minister for Culture and Protection of the National Heritage within 14 days from the date of the end of the meeting of the Commission.
5. The Deputy Chairperson of the Commission shall be elected, appointed and dismissed on a proposal from the President of the Commission, who shall indicate the candidate for that position, on the basis of the principles set out in paragraph 1. 3.
(6) An application for the appeal of an arbitrator to the Commission from the function of the President of the Commission, with an indication of candidates for that position, may submit at least ten arbitrators.
7. The President of the Commission shall, within 14 days from the date of submission of the application referred to in paragraph 6, convenes a meeting of the Commission on which the application shall be put to the vote in accordance with the rules laid down in the paragraph. 3.
(8) The President of the Commission and his alternate shall not be members of the Commission's adjudicating teams.
(9) The President of the Commission shall carry out the acts referred to 130 § 1-4 and art. 130 2 § 1 and 2 of the Code of Civil Procedure, and shall refer the cases to the Commission by the competent panel.
Article 110 6 . [ Adjudication] 1. Meetings of the panel shall be held in the presence of at least 2/3 of the composition of the three-judge panel and 3/5 of the composition of the five-member adjudicating panel.
2. The decisions of the panel adjudicating the Commission shall be decided by a majority of the members of the formation of the panel.
3. The final rulings shall be made in the presence of the entire composition of the panel adjudicating the Commission.
4. The decisions terminating the proceedings shall be served on the part of the office by the participants, together with the reasons for the reasons.
5. The President of the Commission shall publish all the decisions of the Commission's panel in the Public Information Bulletin on the subject-matter of the Minister responsible for culture and the protection of national heritage.
Article 110 7 . [ Remuneration of the President of the Commission and of his/her deputy] The President of the Commission and his alternates shall be entitled to a monthly salary of twice the average monthly salary in the enterprise sector, including the profit payments, for the previous quarter, as announced by the President The Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski", paid from the state budget, from the part which is at the disposal of the minister competent for culture and protection of the national heritage.
Article 110 8 . [ Remuneration of members of the adjudicating teams] 1. Members of the teams of the Commission shall be entitled to remuneration:
1) for the participation in the adjudication of the cases referred to in art. 110 1 paragraph 2 point 1-at twice the average monthly remuneration in the enterprise sector, including profit payments, in the quarter prior to the submission of the application, as announced by the President of the Central Statistical Office in the Official Journal The Republic of Poland "Monitor Polski",
2) for participation in the mediation proceedings in the cases referred to in art. 110 1 paragraph 2 (2) and (3)-in the amount of the average remuneration referred to in point 1,
3) for the participation in the adjudication of the cases referred to in art. 110 1 paragraph 2 point 4-in the amount of the average remuneration referred to in point 1,
4) for participation in the adjudication of the cases referred to in art. 110 1 paragraph 2 points 5 and 6-in the amount of 1/3 of the average remuneration referred to in point 1
-to be paid after the decision to end the proceedings before the Commission or after the mediation procedure has been carried out.
2. The remuneration referred to in the paragraph. 1, shall be paid out of the state budget, from the part which is at the disposal of the Minister responsible for cultural and national heritage protection.
3. In the case referred to in art. 110 3 paragraph 4, the remuneration shall be paid to the members of the panel adjudicating the Commission, in proportion to the number of meetings in which they participated.
Article 110 9 . [ Request fee] 1. The application of the property of the Commission shall be subject to a fee of:
1) 10 times the average monthly salary in the enterprise sector, including profit payments, in the quarter prior to the submission of the application, announced by the President of the Central Statistical Office in the Official Journal The Republic of Poland "Monitor Polski"-in the cases referred to in art. 110 1 paragraph 2 point 1;
(2) three times the average remuneration referred to in point 1 in the cases referred to in Article 4 (1). 110 1 paragraph 2 points 2 to 4;
3. the average remuneration referred to in point 1 in cases of interpretation of a decision of the Commission issued in a three-person composition;
(4) one and two thirds of the average remuneration referred to in point 1 in cases of interpretation of a Commission decision issued in a five-member composition.
2. The payment shall be made with the application referred to in paragraph 1. 1, to the account of the minister competent for culture and protection of the national heritage.
3. The fees referred to in paragraph. 1, constitute the revenue of the State budget.
4. No fees shall be levied on the applications referred to in Article 4. 110 1 paragraph 2 point 5.
Article 110 10 . [ Technical and organisational support of the Commission] The Commission's technical and organisational support shall be provided by the Office for the Minister responsible for Culture and National Heritage.
Division 2
Approval of remuneration tables
Article 110 11 . [ Consideration of cases concerning the approval of remuneration tables] 1. Cases concerning the approval of the tables of remuneration for the use of works or related rights items shall be considered by the panel hearing the Commission as a five-member composition.
2. Within 7 days from the date of receipt of the application in the case referred to in the paragraph. 1, the President of the Commission shall designate from the list of arbitrators the Commission to the panel of the Commission adjudicating the two arbitrators submitted to the Commission by the entities mentioned in Article 4. 110 2 paragraph In accordance with Article 3 (3), points 1 and 2 and two of the arbitrators referred to the Commission by the entities listed 110 2 paragraph 3 points 3 and 4.
3. The Court of Arbitration shall be appointed in accordance with the paragraph. 2, at the meeting convened by the President of the Commission, elect the chairman of the panel adjudicating the Commission from the list of the Commission's arbitrators, by an absolute majority of votes in the presence of at least three arbitrators.
(4) If the arbitrators of the Commission do not elect a chairman of the panel to adjudicate the Commission within one month from the date of their appointment to the adjudicating team, the chairman shall be appointed by the President of the Commission.
Article 110 12 . [ Proceedings for the approval of remuneration tables] 1. An application for the approval of the table of remuneration for the use of works or objects of related rights covered by collective management shall be submitted by the collective management organisation. A request for approval of a common table may be submitted jointly by several organisations.
2. The collective management organisation shall be required to submit to the Commission for the approval of the tables of remuneration for the use of works or objects of related rights in the cases referred to in art. 21 (1) 1 and 2 1 , art. 21 1 paragraph 1 and Art. 70 par. 2 1 , and the recovery operation field.
3. Cases from applications for the approval of remuneration tables in the field of exploitation shall be subject to joint recognition in a single proceeding.
4. In the application for approval of the table of remuneration shall be defined:
(1) the fields of operation to which the remuneration table applies;
(2) categories of works or of related rights subjects to which the remuneration table applies;
(3) the categories of righteners for which the applicant is acting;
4) the amount of remuneration rates.
(5) The collective management organisation in the application for the approval of the remuneration tables is required to present lower remuneration rates to be applied by entities carrying out cultural activities and educational institutions using works and objects the related rights in respect of their statutory activities, where the use of the assets is not linked to the attainment of the property.
6. The participants in the proceedings concerning the approval of the remuneration tables shall be:
1) the applicant;
(2) other collective management organisations which, in the authorisation referred to in Article 4, are subject to the authorisation referred to in Article 3. 104 (1) In accordance with Article 2 (2), they shall have the useful fields of operation to which the remuneration tables apply, if they so request, within the time limit set out in accordance with paragraph 2. 8, by the chairman of the panel of the Commission;
3. organizations associating entities using works or objects of related rights, whose activities include the fields of exploitation resulting from the remuneration tables, if they submit a request for participation in the proceedings, within the time limit set, according to paragraph 8, by the chairman of the panel adjudicating the Commission.
7. The order of refusal to participate in the case shall be entitled to a complaint.
8. The President of the panel hearing the Commission shall include in at least two printed journals of nationwide scope and in the Public Information Bulletin on the subject-matter of the Minister responsible for culture and heritage protection the national notice of initiation of the procedure for the approval of the remuneration table and calls on the bodies concerned to be referred to in paragraph 1. 6 points 2 and 3, to commence the proceedings, setting a time limit of not less than 14 days and no longer than 30 days from the date of publication of the notice.
Article 110 13 . [ Termination of proceedings] 1. The procedure for the approval of the remuneration table prior to the panel hearing the Commission shall not last for more than 6 months, unless all the participants in the proceedings agree to a specific extension of that time limit.
2. In particularly justified cases, with the consent of the participants in the proceedings, the panel adjudicating the Commission may extend the time limit referred to in paragraph. 1, for the further time marked, necessary to issue a ruling in the case.
3. In the event of failure to complete the proceedings within the time limits referred to in paragraph. 1 and 2, the panel adjudicating the Commission shall proceed.
4. The panel adjudicating the Commission shall either approve or refuse to approve the table of remuneration, either in whole or in part. To the extent that it refused to approve it, it shall submit in writing proposals for amendments to the remuneration table submitted for approval, together with the reasons for it.
5. When issuing a judgment, the panel adjudicating the Commission shall take into account:
1. the criteria laid down in the Article. 110;
2) the amount of the overall burden on entities using works or items of rights related to all collective management organisations for the use of copyright and related rights in a given exploitation field;
3) collected on the evidence material;
4) the positions of the participants;
5. a legitimate social interest.
6. Approved salary tables shall include salary rates, specified in amount or percentage.
7. The President of the Commission shall publish the approved salary tables in the Public Information Bulletin on the personal side of the Minister responsible for culture and the protection of national heritage.
(8) The collective management organisations shall, by 15 February each year, perform the valorisation of the amounts of the remuneration rates based on the average annual price index of consumer goods and services announced by the President of the Central Statistical Office (ECB). for the last year and provide information on the remuneration rates that are being released to the President of the Commission. These rates are published in the Public Information Bulletin on the subject-matter of the Minister responsible for Culture and Protection of National Heritage.
Article 110 14 . [ Application for approval or refusal to approve the remuneration table by the court] 1. The participant dissatisfied with the decision of the Commission may submit, within 14 days from the date of service of the decision, the application for approval or refusal of approval of the remuneration table, in whole or in part, by the court.
2. In the case of submission of the application referred to in paragraph. 1, the President of the Commission shall forward it within 14 days together with the file to the court and shall publish the information on the submission of the application in the Public Information Bulletin on the personal side of the Minister responsible for culture and heritage protection. national.
3. If the proceedings have been decommitted on the grounds referred to in art. 110 13 paragraph 3, the applicant may, within 14 days from the date of receipt of the decision to discontinue the proceedings before the panel adjudicating the Commission, submit an application for the approval of the remuneration table by the court. Where the application is made, the provision of a paragraph 2 shall apply mutatis mutandis.
4. In the event of failure to apply, the application referred to in paragraph 1 shall apply. 1, the Commission's decision to approve the table of remuneration shall become final. Where the application referred to in paragraph is lodged. 1, the Commission's decision to approve the remuneration table shall become final in the part on which the application is not submitted. To the extent that the judgment refuses to approve the table of remuneration, the final decision shall be made in the decision making proposals for amendments to the table for approval, in the part to which the application referred to in paragraph 1 has not been submitted. 1.
5. The application referred to in paragraph 1 shall be submitted. 1, results in the loss of power of the decision of the Commission in whole or in the part on which the application was lodged.
Article 110 15 . [ Application for amendment of the approved remuneration table] In the event of a significant change in the circumstances giving rise to the decision on the approval of the remuneration table, each of the participants in the proceedings may request the Commission to amend the approved remuneration table. The provisions concerning the approval of the remuneration tables shall apply to the procedure for amending the approved remuneration table.
Article 110 16 . [ The application of the rates specified in the remuneration tables in contracts to which the collective management organisation is a party] 1. The rates specified in the approved remuneration tables shall be applied in contracts to which the collective management organisation is a party.
2. The contractual provisions determining the remuneration of less favourable to the authors and entitled under related rights, than that would result from the approved remuneration tables, are invalid and their place occupy the corresponding provisions of these tables.
Division 3
Indication of the competent organisation within the meaning of the Act
Article 110 17 . [ Indication of the competent organisation] 1. The competent organization within the meaning of the Act, in the cases referred to in art. 107, points out the panel hearing the Commission in the composition of the two arbitrators of the Commission and the chairman of the panel, appointed by the Commission President from the Commission's list of arbitrators.
2. Proposal for a case referred to in paragraph. 1, may submit:
1) creator or entitled under related right;
2. a collective management organisation which, on the basis of the content of the authorisation granted to it, referred to in Article 104 (1) 2, point 2, manages copyright or related rights in the same category of works or related rights items, in the field of operation to which the application relates;
(3) an organisation that brings together entities using works or objects of related rights;
4) an entity using works or objects of related rights.
3. The participants of the proceedings referred to in paragraph. 1, are:
1) the applicant;
2. collective management organisations which, on the basis of the content of the authorisation granted to them, referred to in Article 104 (1) 2, point 2, shall be governed by copyright or related rights in the same category of works or related rights items, in the field of operation to which the application relates;
(3) organisations associating entities using works or related rights subjects whose activities fall within the scope of the proposal, if they submit a request for participation in those proceedings.
4. The order of refusal to participate in the case shall be entitled to a complaint.
(5) The President of the Commission's panel shall make a notice of initiation referred to in paragraph 1. 1. A provision of art shall apply to the notice. 110 12 paragraph 8.
6. From the decision of the panel adjudicating the Commission issued in accordance with the procedure referred to in paragraph. 1-4, within 14 days from the date of its service, there shall be an appeal to the court. The provisions of the Civil Procedure Code on appeal shall apply in proceedings which are pending as a result of the appeal.
Division 4
Dispute settlement
Article 110 18 . [ Medivation] 1. The disputes concerning the application of approved remuneration tables and disputes relating to the conclusion of the contract referred to in art. 21 1 paragraph 1, may be considered in the course of mediation between the parties.
2. Medivation is voluntary.
3. The President of the Commission shall designate a mediator from the list of Commission arbitrators; however, the parties may choose from this list of another mediator.
4. The Mediator may submit to the parties the proposals of the settlement. If no objection has been raised by any of the parties within three months of the date of submission of the proposal for a settlement, the proposal shall be deemed to have been adopted.
5. To the proceedings in the cases referred to in the paragraph. 1, the provisions of the Code of Civil Procedure of Mediation shall apply accordingly.
Division 5
Other proceedings
Article 110 19 . [ Restore Act and Addendum, Corrigendum or Exponement of Commission Decision] 1. Cases concerning the reconstitution of the file shall be considered by the teams adjudicating to the Commission in the composition of the two arbitrators of the Commission and of the President, appointed by the Commission President from the list of arbitrators.
2. The provisions of the Code of Civil Procedure on proceedings in the event of disappearance or destruction of the file shall apply to the proceedings before the Commission on the restoration of the act.
(3) A matter of addendum, rectification or interpretation of the decision of the Commission shall be considered by the panel hearing the Commission in the same composition as that which gave the decision on the matter.
Division 6
The proceedings before the court
Article 110 20 . [ Court of First Instance] 1. The case competent for the recognition of the cases referred to in Article 1 110 14 paragraph 1 and 3 and Art. 110 17 paragraph 6, is the district court.
2. The Minister of Justice shall designate, by means of a regulation, one district court competent for the recognition of the cases referred to in paragraph. 1.
3. The applications referred to in art. 110 14 paragraph 1 and 3, and the appeal referred to in Article 3. 110 17 paragraph The Commission shall be responsible for the operation of the Commission.
Article 110 21 . [ Recognition of complaints against rulers ' rulings] The court referred to in art. 110 20 paragraph 2, shall also recognise the complaints of the decisions of the Commission decisions issued in the course of the proceedings before the Commission.
Article 110 22 . [ Participants] 1. The participants in the case are:
1) the applicant;
2) an applicant for a refusal to approve a table of remuneration or an appeal referred to in art. 110 17 paragraph 6;
(3) entities participating in the proceedings before the Commission, if they proceed to the proceedings before its termination in the second instance.
2. The order of refusal of admission to take part in the case shall be entitled to a complaint.
Article 110 23 . [ Adjudication of the court] In cases of applications referred to in Article 110 14 paragraph 1 and 3, the court shall rule on the approval or refusal of approval of the table of remuneration, in whole or in part, taking into account the criteria laid down in the art. 110 13 paragraph (5) The decision to terminate the proceedings shall be served on the office of the President of the Commission.
Chapter 12 2
Control of optical media production
Article 110 24 . [ Auditing Minister for Culture and Protection of the National Heritage] The Minister for Culture and the Protection of National Heritage shall exercise control in the production and reproduction of optical media, in particular in order to ensure that they are in conformity with those provided by the authorised, on the basis of this laws, mansions.
Article 110 25 . [ Obligation to use identification codes] Economic operator in the field referred to in art. 110 24 , it is obliged to use identification codes in all devices and their elements, during the process of optical media production.
Article 110 26 . [ Informational obligation of the entrepreneur] 1. An entrepreneur conducting an economic activity in the area referred to in art. 110 24 , shall inform the Minister responsible for culture and the protection of the national heritage of the subject matter and scope of the activities carried out within thirty days from the date of commencment of the activity.
2. The Entrepreneur shall communicate to the Minister responsible for culture and the protection of national heritage information concerning:
1) the name, place of residence and address or name, seat and address, the persons empowered to represent it, and the place of business execution;
2) owned equipment for the production and reproduction of optical media;
3) applied, in all devices and their elements, during the production process, identification codes.
3. The entrepreneur shall communicate, by the 10th day of each month, the information for the period of the preceding month, concerning:
1) an aggregate volume of production and its kind;
2) execution of orders outside the place of business;
3) Regulations of equipment for the production and reproduction of optical media.
4. The first transmission by the entrepreneur of the information referred to in paragraph 3, takes place by the tenth day of the month following the month of transmission by the trader of the information referred to in paragraph. 1, for the period from the date of commencence of business activity to the extent referred to in art. 110 24 , however, not longer than the previous two months.
5. The Entrepreneur shall immediately inform the Minister responsible for culture and the protection of the national heritage of any changes to the information referred to in the paragraph. 2.
6. The information is submitted on the forms.
7. The Entrepreneur shall keep records as a basis for drawing up the information referred to in paragraph 1. 2 and 3, for a period of five years.
Article 110 27 . [ Register of information] 1. The Minister for Culture and Protection of the National Heritage shall keep a register of the information referred to in art. 110 26 .
2. The Minister for Culture and Protection of National Heritage shall give anyone who has a legal interest, information contained in the register, where there is a reasonable suspicion of copyright infringement or related rights, in the area of necessary for the investigation of their protection.
3. The Minister responsible for Culture and National Heritage shall determine, by means of a regulation:
1) the manner of keeping the register of information, the mode of communication of information by the entrepreneur and the model forms,
2) types of identification codes in accordance with international standards in this regard,
Having regard to the need to ensure transparency in the recording of the information contained in the register and to ensure that economic operators are not burdened with an excessive handicap in their business
Article 110 28 . [ Carrying out the business inspections of the trader in terms of compliance with the facts of the information transmitted] 1. Under the exercised control, the minister competent for the affairs of culture and the protection of national heritage may, at any time, having regard to the provisions on freedom of business activity, order the carrying out of the business control of the entrepreneur in the extent of the factual compliance of the information referred to in Article 110 26 .
2. The controller shall carry out the controller on the basis of a written, imitated authorisation containing an indication of the trader, the subject matter, the scope and timing of the start and end of the inspection and the identity card.
3. The entrepreneur makes available on request of the controller all documents and materials necessary for carrying out the inspection.
4. The Controller shall have the right to:
1) admission to the property, to the premises, premises or their parts belonging to the entrepreneur conducting business activity in the scope referred to in art. 110 24 ;
2) inspection of documents relating to the conduct of the economic activity which is the subject of control, with the observance of the provisions on the protection of laws of law protected;
3) requests from employees oral and written explanations;
4) securing evidence.
Article 110 29 . [ Audit Log] 1. The results of the inspection of the controller shall be presented in the audit log
2. The control protocol shall be drawn up in duplicate; one copy shall be given to the trader.
3. The control protocol is signed by the controller and the entrepreneur.
4. In the event of refusal or the impossibility of signing the protocol of control by the trader, the protocol shall be signed only by the controller by making an appropriate note of this refusal or of the reasons for preventing the signature of the audit protocol.
Article 110 30 . [ Post-control occurrence] 1. The Minister for Culture and the Protection of National Heritage shall draw up, within 30 days of the date of signature of the minutes of scrutiny, the occurrence of the post-control, which shall immediately transmit to the trader
2. The Entrepreneur shall, within fourteen days of receipt of the post-control occurrence, report in writing the objections to the findings and conclusions contained in the post-review.
Chapter 13
(repealed)
Article 111. (repealed) Article 111 1 . (repealed) Article 112. (repealed) Article 113. (repealed) Article 113 1 . (repealed) Article 114. (repealed)
Chapter 14
Criminal liability
Article 115. [ Plagiat] 1. Who is the author of the authorship, or who misses the authorship of the whole or part of another person's work or artistic execution,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 3.
2. The same penalty is subject to, who disseminates without giving the name or pseudonym of the originator of the works in the original version or in the form of elabsing, artistic execution or publicly distorts such works, artistic execution, phonogram, a videogram or a grant.
3. Who, in order to achieve a property advantage in a different manner than the one specified in the mouth. 1 or 2 violates the copyrights or related rights set out in art. 16, art. 17, art. 18, art. 19 (1) 1, art. 19 1 , art. 86, art. 94 par. 4 or Art. 97, or does not carry out the obligations laid down in the Article. 19 3 paragraph 2 or Article 20 para. 1-4,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year
Article 116. [ Dissemination of someone else's work without authority] 1. Who, without authority or against his conditions, disseminates miracles in the original version or in the form of elabsion, artistic execution, phonogram, videogram or a food,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.
2. If the perpetrator is permitted to act as referred to in paragraph. 1 in order to achieve an asset benefit,
shall be punished by imprisonment for the years 3.
3. If the perpetrator has made himself of the commission of the offence referred to in the paragraph. 1 permanent source of income or criminal activity, as referred to in paragraph 1. 1, organizes or directs it,
shall be punished by imprisonment from 6 months to the age of 5.
4. If the perpetrator of the act referred to in paragraph. 1 acts inadvertently,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year
Article 117. [ Fixing or multiplying another piece of work for the purpose of dissemination] 1. Who without the authority or against his conditions in order to spread the fixation or reproduction of the works in the original version or in the form of elabation, artistic execution, phonogram, videogram or a food,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.
2. If the perpetrator has made himself of the commission of the offence referred to in the paragraph. 1 permanent source of income or criminal activity, as referred to in paragraph 1. 1, organizes or directs it,
shall be punished by imprisonment for the years 3.
Article 118. [ Acquisition or assistance in the disposal of a piece of work which is a carrier of a work for the purpose of attaining an asset's benefit] 1. Who, in order to achieve the benefit of a property which is the carrier of the work, artistic execution, phonogram, videogram distributed or multiplied without entitlement, or contrary to his conditions, acquires or assists in his divestial or the subject shall accept or assist in his conceit,
shall be punished by imprisonment from 3 months to the age of 5.
2. If the perpetrator has made himself of the commission of the offence referred to in the paragraph. 1 permanent source of income or criminal activity, as referred to in paragraph 1. 1, organizes or directs it,
shall be punished by imprisonment from the year to the year 5.
3. If on the basis of the accompanying circumstances the perpetrator of the offence referred to in the paragraph 1 or 2 shall and may presume that the object has been obtained by means of a prohibited act,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.
Article 118 1 . [ Manufacture and circulation of devices for unauthorised removal or protection of security] 1. Whoever manufacts devices or their components intended for the unauthorised removal or circumvention of effective technical safeguards against replaying, replaying or reproduction of works or objects of related rights, or makes the marketing of such equipment or their components, or advertises them for sale or hire,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 3.
2. Who possesses, stores or uses the devices or their components referred to in the mouth. 1,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year
Article 119. [ Preventing or obstructing the use of the work of the work] Who prevents or impedes the exercise of the right to control the use of the work, artistic execution, phonogram or videogram or refuses to provide the information provided for in art. 47,
shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year
Article 121. [ judgment of forfeiture of objects] 1. In the case of conviction for the act referred to in art. 115, 116, 117, 118 or 118 1 The court adjusts the forfeiture of the objects from the crime, even though they were not the property of the perpetrator.
2. In the case of conviction for the act referred to in art. 115, 116, 117 or 118, the court may decide the forfeiture of objects for committing a criminal offence, even though they are not the property of the perpetrator.
Article 122. [ Prosecution on request] Prosecuting the offences referred to in Article 116 (1) 1, 2 and 4, art. 117 par. 1, art. 118 (1) 1, art. 118 1 and Art. 119 occurs at the request of the victim.
Article 122 1 . [ Conferring the status of disadvantaged collective management organisations or related rights] In cases of criminal offences referred to in Article 115-119 victims are also responsible for collective management of copyright or related rights.
Article 123. [ Delegation] The Minister of Justice may, by regulation, designate the district courts competent to hear the criminal cases referred to in Article 4. 115-119-in the area of jurisdiction of a given district court.
Chapter 15
Transitional and final provisions
Article 124. [ Tracks covered by the Laws of the Act] 1. The provisions of the Act shall apply to the works:
1) established for the first time after its entry into force;
2) to which the copyright in accordance with the provisions of the existing regulations has not expired;
3) to which the copyright according to the laws has expired and which, according to this law, is still protected, excluding the period between the expiry of the protection under the law of the past and the entry into force of this Act. The Act shall not affect the ownership of copies of the works disseminated before the date of its entry into force.
2. Paragraph Recipe 1 point 3 shall apply to the works of foreign nationals permanently residing abroad, subject to reciprocity.
3. (repealed)
4. The provisions of the agreements, concluded before the date of entry into force of the Act, contrary to the provisions of art. 75 par. 2 and 3 are invalid.
Article 125. [ Artistic execution covered by the provisions of the Act] 1. The provisions of the Act shall apply to the artistic performances:
1) established for the first time after its entry into force;
2) in terms of using them after its entry into force, if, according to the provisions of this Act, they continue to benefit from protection.
2. The Act shall not affect the ownership of copies on which the artistic execution was established before the date of its entry into force.
Article 126. [ Fonograms, videograms and radio and television programmes falling within the scope of the Act] 1. The provisions of the Act shall apply to:
1) phonograms and videograms that have been drawn up after its entry into force;
2) radio and television programmes which have been granted after its entry into force;
3) phonograms and videograms and radio and television programmes which, according to this Act, continue to benefit from protection.
2. The rules referred to in paragraph 1. Article 1 (3) does not apply to the use of schools for teaching purposes from the date of entry into force of the Law, phonograms and videograms which are not feature films and theatrical performances, as well as for the use of the perpetuated on phonograms and videographs of artistic performances.
Article 127. [ Transitional provision] 1. If commenced before the date of entry into force of this Act, the use of a work, artistic performance, phonogram, videogram or radio or television programme has been permitted to date, but after that date requires authorisation, it may be completed, provided that the authorised remuneration is given.
2. Subject to paragraph. 3, made before the entry into force of this Act, legal acts relating to copyright shall be effective and shall be subject to an assessment under the laws of the current law; this shall also apply to events other than legal acts.
3. The Act shall apply to long-term contracts concluded before the date of its entry into force, in relation to the period following that date and to the obligations that arose before the entry into force of the Act, in relation to the effects legal events following that date, which are not related to the nature of the commitment.
4. Contracts concluded before the date of entry into force of this Act shall not include related rights, unless the parties have decided otherwise.
Article 127 1 . [ Delegation] The President of the Council of Ministers, at the request of the Minister responsible for culture and the protection of the national heritage, by way of ordinance, shall set up a team to counteract infringements of copyright and related rights and shall determine its composition, tasks and mode of operation.
Article 128. [ Repealed provisions] The Law of 10 July 1952 shall be repealed. by copyright law (Dz. U. Entry 234, of 1975. items 184 and 1989 items 192).
Article 129. [ Entry into force] The Act shall enter into force after 3 months from the day of the announcement, except for the provision of art. 124 (1) 3, which shall enter into force on the day of the announcement.
Article 129.
1) This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:
1) Directive 91 /250/EC of 14 May 1991. on the legal protection of computer programs (Dz. Urz. EC L 122, 17.05.1991),
(2) Directive 92 /100/EC of 19 November 1992 (1). on the right of rental and lending right and of certain rights related to copyright in the field of intellectual property (Dz. Urz. EC L 346 of 27.11.1992),
3) of Directive 93 /83/EC of 27 September 1993. on the coordination of certain principles relating to copyright and related rights applicable to satellite broadcasting and cable retransmission (Dz. Urz. EC L 248 of 06.10.1993),
(4) Directive 93 /98/EC of 29 October 1993. on the harmonisation of the time of protection of copyright and certain related rights (Dz. Urz. EC L 290 of 24.11.1993),
(5) of Directive 96 /9/EC of 11 March 1996 (1). on the legal protection of databases (Dz. Urz. EC L 77 of 27.03.1996).
The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special
[ 1] On the basis of the judgment of the Constitutional Court of 23 June 2015. (Journal of Laws pos. 932) art. 79 par. 1 point 3 (a) (b) in so far as the proprietor of which the copyright has been infringed may require the person who has infringed those rights, the compensation of the damage caused by payment of the sum of money corresponding to that-in the event of a breach of it is wrapped-three times the appropriate remuneration which, at the time of its investigation, would be due to be granted by the authorized use of the work, is incompatible with the art. 64 par. 1 and 2 in connection with the art. 31 par. 3 in connection with art. 2 of the Constitution. Article 79 (1) 1 point 3 (a) (b) in the abovementioned The extent of which has expired on 1 July 2015.
