News

ksiazka
rozrywka
legislacja
2015-07-30

The act amending the Copyright law has been adopted by the Parliament.

[copyright]

On July 10, 2015 the Polish Parliament has adopted the act amending to a large extent the Copyright law.
The amendment concerns changes regarding exploitation of works for fair use purposes,  as to quoting. It also implements the directive of the European Parliament and of the Council 2012/28/UE on certain permitted uses of orphan works.

The bill to amend an act refers to:

  • circumstances justifying the quoting and stipulates explicitly quoting already distributed works of arts and photography; 
  • ability to use works for the purposes of parody, pastiche or caricature;
  • derogation of Article 30 of the Act that was deemed to be the legal ground of press-clipping services;
  • granting to scientific institutions and universities a right to use distributed works and reproduction of excerpts or small works as a whole for teaching purposes. It also applies to e-learning provided that the recipients of such services are identified and their circle is limited;
  • definition of orphan works and setting of the conditions connected with the use of such works. Before a work can be considered an orphan work, a diligent search for the rightholders should be carried out in good faith. Any use of an orphan work would be limited to cultural and educational purposes;
  • access to out of commerce works, i.e. works still protected by copyright but not been currently distributed by the authorized entities. The act is to allow any use such works for non-commercial purposes under the license agreement concluded by the relevant copyright collecting societies.
  • The bill is to be examined by the Senate.
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