Government of Poland

“ Owners of reprographic equipment who carry on business activity within the scope of reproduction of the works for the private use of third parties are obliged to pay, via the organization for collective management of copyright or related rights, the fees amounting up to 3% of proceeds gained on that account, owed to authors and publishers, unless the reproduction takes place on the basis of an agreement with the rightholder. ”

“ If, within two years from accepting the work, the employer does not start the dissemination of the work to be disseminated under such contract of employment, the author may fix in writing a time limit for the employer to disseminate the work with the effect that upon its expiry, the rights acquired by the employer together with the ownership of the object in which the work has been fixed shall return to the author, unless the contract states otherwise. ”

“ Whoever prevents or hinders the exercise of the right to supervise the use of a work, performance, phonogram or videogram or refuses to provide information stipulated in Article 47, shall be liable to a fine, restriction of liberty or imprisonment up to 1 year. ”

“ In the event that the owner of an artistic work decides to destroy the original copy of that work found in a place accessible to the public, the owner shall be obliged to submit to the author or his relatives an offer to sell it, if it is possible to contact him in order to make the offer of sale. The highest price limit shall be set by the value of the materials. If the sale is not possible, the owner shall make it possible for the author to make a copy, or depending on the type of the work, a proper documentation thereof. ”

“ It is presumed that the collective management organization shall be authorized to manage and protect the rights within the fields of exploitation covered by the collective management and that it shall be authorized within this scope to participate in court proceedings. ”

“ If this Act or a contract of employment does not state otherwise, the employer, whose employee has created a work within the scope of his duties resulting from the employment relationship, shall, upon acceptance of the work, acquire the author's economic rights within the limits resulting from the purpose of the employment contract and the unanimous intention of the parties. ”

“ A university, which nature conservancy is defined by the higher education Act, is given priority to publish a student’s dissertation work. If a university has not published the dissertation work within six month from the master’s defense, the student, being the author, is entitled to its publication, unless it forms part of a joint work. ”

“ The producer or publisher shall enjoy author's economic rights in a collective work and, in particular, the rights to encyclopedias or periodical publications, and the authors shall have economic rights pertaining to their specific parts which may exist independently. ”

“ If the work has not been made available to the public as a result of circumstances for which the acquirer or the licensee is responsible, the author may claim the double amount of the remuneration specified in the contract for dissemination of the work instead of repairing damages incurred unless the license is nonexclusive. ”

“ If the remuneration of the author depends on the revenues from the use of his work, the author shall have the right to receive information and to have access, within the necessary scope, to the documentation being essential to determine such remuneration. ”

“ If more than one collective management organization carries on its activity in a given field of exploitation, the competent organization within the meaning of this Act shall be the one to which the author or the performer belongs, and if the author or performer does not belong to any organization or has not disclosed his authorship -the organization indicated by the Copyright Commission referred to in Article 108, paragraph 1. ”

“ An entrepreneur that conducts business activity within the scope referred to in Article 1101, shall inform the minister competent with respect to the matters of culture and protection of national heritage about the subject matter and scope of the conducted activity within the period of thirty days from the date of commencement of that activity. ”

“ Research and educational institutions shall be allowed, for teaching purposes or in order to conduct their own research, to use published works in original and in translation, and to make copies of fragments from the disseminated work for the same purpose. ”

“ The scope of the private use shall cover the use of single copies of the work by a group of persons staying in a personal interrelation with each other, including in particular blood relation, kinship or a social relationship. ”

“ Owners of devices used for receiving radio or television program services may receive broadcasted works by means of such devices even if such devices are located in a public place, provided that it is not connected with the gaining of any material benefits. ”

“ The research institution may, without separate remuneration, use the scientific materials included in the work specified in paragraph 1 and may make the material work accessible to the third parties if it results from the agreed designation of the work or has been provided for in the contract. ”

“ The provisions of this Act shall apply to works:
1) whose author or coauthor is a Polish citizen, or 11) whose author is a citizen of a member state of the European Union, or the member states of the European Agreement on Free Trade (EFTA) –parties to the agreement on the European Economic Area ”

“ Within the period of fourteen days from the receipt of the post-inspection statement, the entrepreneur may notify in writing its objections to the decisions and motions contained in the post-inspection statement. ”