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Questions and Answers

What is the maximum duration for which the minister can designate an organization for collective administration?

  • Three years
  • Four years
  • Five years (correct)
  • Six years

Which of the following is NOT a criterion for the contest mentioned in the content?

  • Representativeness
  • Effectiveness and correctness of operation
  • Historical significance of the organization (correct)
  • Organizational capacity to pay remuneration

How long does an organization have to submit an appeal after the contest results are announced?

  • 10 days
  • 7 days (correct)
  • 14 days
  • 5 days

What will the minister declare if an appeal is granted?

<p>The contest invalid (D)</p> Signup and view all the answers

What must the minister do to announce the contest results?

<p>Announce in the official gazette Biuletyn Informacji Publicznej (D)</p> Signup and view all the answers

Who is liable for the remuneration associated with the resale of works of art or manuscripts?

<p>The seller and the third party both (A)</p> Signup and view all the answers

What is required from the seller when dealing with a third party in the resale of a work of art?

<p>To disclose the identity of the third party (B)</p> Signup and view all the answers

For how long can recipients demand information regarding the remuneration for resale?

<p>3 years (D)</p> Signup and view all the answers

What is the nature of the prices specified in Article 19 and Article 191?

<p>Net of output goods and services tax (B)</p> Signup and view all the answers

To which works do the provisions of Articles 19 to 194 apply?

<p>Original copies and manuscripts by authors with permanent residence in Poland (B)</p> Signup and view all the answers

What percentage of the sale amount must producers and importers pay for certain devices to organizations for collective administration?

<p>3 percent (B)</p> Signup and view all the answers

Which of these devices are included for fee obligations to organizations for collective administration?

<p>Video recorders and photocopiers (B)</p> Signup and view all the answers

Which scenario would not release a seller from disclosing the identity of a third party?

<p>Transfer of liability to the third party (C)</p> Signup and view all the answers

What can coauthors do in the absence of consent for a decision regarding the work?

<p>Request a court decision considering their interests (C)</p> Signup and view all the answers

How are the economic rights of coauthors governed?

<p>By the Civil Code provisions on coownership of fractional parts (B)</p> Signup and view all the answers

What happens if an employer does not start disseminating a work within two years of its acceptance?

<p>The author retains rights unless specified otherwise (D)</p> Signup and view all the answers

When does the employer acquire economic rights over a work created by an employee?

<p>Upon acceptance of the work within the scope of duties (C)</p> Signup and view all the answers

What rights do authors retain in a collective work?

<p>Economic rights of their specific parts (D)</p> Signup and view all the answers

What must an author do if they wish to disseminate a combined work with other authors?

<p>Obtain permission from all coauthors without exception (C)</p> Signup and view all the answers

Under what condition may an employer's rights over a work revert to the author?

<p>If the author files a claim in writing (D)</p> Signup and view all the answers

What rights do producers or publishers have in relation to collective works?

<p>Economic rights in the entire collective work (B)</p> Signup and view all the answers

What type of works can be disseminated on commonly accessible public roads?

<p>Permanent artistic works (C)</p> Signup and view all the answers

When can works be used for the benefit of the handicapped?

<p>If related to their handicap and non-profit (C)</p> Signup and view all the answers

Which situation allows for the use of works without infringing on the author's rights?

<p>For public security or legal proceedings (D)</p> Signup and view all the answers

What is required when using works for permissible use?

<p>The author and source should be named (D)</p> Signup and view all the answers

What type of use is specifically excluded from the promotion of exhibitions or sales?

<p>Use for commercial advertising (A)</p> Signup and view all the answers

Which type of work can be used for reconstruction or repair of a building structure?

<p>Architectural drawings (A)</p> Signup and view all the answers

Under what circumstance can already disseminated works be reproduced for the handicapped?

<p>If the use is proportionate to the handicap (C)</p> Signup and view all the answers

What must not be infringed upon by the permissible use of a work?

<p>The normal use of the work (B)</p> Signup and view all the answers

What is one of the specific requirements that must be included in the contract regarding subsidies?

<p>The value of the subsidies designated for payment of remuneration for lending for use (D)</p> Signup and view all the answers

What percentage of the subsidy may be allocated to cover justified and documented costs of determination and payment of remuneration?

<p>10 percent (A)</p> Signup and view all the answers

Which authority is responsible for conducting inspections related to the payment of remuneration for lending for use?

<p>The minister competent for culture and protection of the national heritage (C)</p> Signup and view all the answers

By what date must the written statement for remuneration for lending for use be submitted to be effective in a given year?

<p>31 August (A)</p> Signup and view all the answers

What happens to the submitted statement for remuneration in subsequent years if it is not revoked?

<p>It is effective until revoked (D)</p> Signup and view all the answers

What must the organization for collective administration do regarding inspections?

<p>Allow inspection by the competent minister (C)</p> Signup and view all the answers

What must be included in the contract regarding the method of subsidy settlement?

<p>The method of settlement of the subsidy (A)</p> Signup and view all the answers

What must happen with the unused part of the subsidy according to the contract specifications?

<p>It must be repaid under specified conditions (B)</p> Signup and view all the answers

When does the expiration period of the author's economic rights begin if the work is disseminated in parts?

<p>From the dissemination of each part separately (C)</p> Signup and view all the answers

What is the range of percentage that producers or publishers must transfer from the sales proceeds to the Fund?

<p>5 to 8 percent (D)</p> Signup and view all the answers

What is required if the amount of payment to the Fund is not greater than an equivalent of EUR 1,000?

<p>Payments can occur in other regular periods not longer than a financial year (D)</p> Signup and view all the answers

Which minister is responsible for specifying the percentage for payment to the Fund?

<p>Minister of Culture and Heritage (C)</p> Signup and view all the answers

What happens if a contract specifies that all works of a specific type by the same author will be produced in the future?

<p>The provisions of the contract are invalid (C)</p> Signup and view all the answers

Under what circumstances may the author's economic rights devolve upon other persons?

<p>Through succession or by contract (B)</p> Signup and view all the answers

Who can transfer the acquired author's economic rights to others?

<p>Any person who acquires the rights, unless specified otherwise in the contract (C)</p> Signup and view all the answers

When are the payments to the Fund required to be made by producers and publishers?

<p>At the end of each quarter (A)</p> Signup and view all the answers

Flashcards

Coauthor's Rights

Coauthors have equal rights to the whole work and are compensated proportionally.

Joint Dissemination

If authors combine works, they need each other's permission for publication unless otherwise stated in a contract or there is a valid reason for withholding.

Collective Works

Publishers or producers hold economic rights to the whole work, but authors retain rights to their individual contributions.

Employer's Rights (Employment)

Employers acquire economic rights over work created by employees during their employment but only within the agreed upon terms and scope.

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Dissemination Time Limit

If an employer doesn't disseminate work within two years, the author can set a deadline, and rights revert to the author if it's not met unless a different contract specifies options.

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Copyright Infringement (Coauthors)

Each coauthor can sue for copyright infringement of the entire work.

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Ownership of Object (Employment)

Usually, the employer gains ownership of the physical form of the employee's work.

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Author's Consent (Coauthors)

If consent isn't provided, co-authors can request court intervention, considering all parties' interests.

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Professional Resale (Art 19)

Commercial acts related to the trading of artworks or literary/musical manuscripts, performed by sellers, buyers, or intermediaries.

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Seller's Liability (Art 193)

Sellers are responsible for paying royalties if reselling art/literary work and are also jointly liable if acting on behalf of a third party professionally.

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Disclosure Requirement (Art 193-2)

Sellers must reveal the third party they represent when dealing with resold artworks/manuscripts.

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Author's Rights (Art 193-3)

Authors and their heirs can request information about resale for 3 years to calculate royalties on the resale of original works.

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Net Selling Prices (Art 195)

Resale prices must be net of any output tax related to the specific resold item.

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Resale Scope (Art 195)

Other authors whose works are not originally mentioned in another article and have a Polish residency have the same resale rights as listed in previous articles.

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Device/Carrier Fees (Art 20)

Producers of tape/video recorders, photocopiers, and blank storage media for recorded works must pay fees to collectives for their artists.

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Fee Percentage (Art 20-1)

The fees paid by device producers/importers are capped at 3% of sales.

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Publicly Accessible Works

Works displayed permanently in publicly accessible spaces like roads, streets, squares, or gardens can be freely disseminated, even for purposes different from their original use.

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Encyclopaedia and Atlases

Printed artistic and photographic works appearing in encyclopaedias or atlases can be disseminated even if the author is hard to contact. The author still gets paid for their work.

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Works for the Handicapped

Disseminating works to help those with disabilities is permitted if the use directly relates to their needs, isn't for profit, and is proportionate to their condition.

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Public Security and Legal Proceedings

Works can be used for public security or administrative, court, or legislative proceedings, including reports.

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Promotion of Exhibitions and Sales

Works can be used to promote exhibitions or sales, but not for commercial advertising.

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Equipment Presentation and Repair

Using works in relation to equipment demonstration or repair is allowed.

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Building Reconstruction and Repair

Using building plans, drawings, and assessments for reconstructing or repairing a building is permitted.

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Permissible Use Conditions

Works can be used within the limits of permissible use, provided the author and source are acknowledged. Usually, no remuneration is owed unless the law specifies it.

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What's the maximum subsidy for administrative costs?

The subsidy for administrative costs related to determining and paying lending for use remuneration cannot exceed 10% of the total subsidy for the year.

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What is reviewed during the cultural ministry's inspection?

The ministry inspects the implementation of lending for use remuneration, including determination and payment, use of the subsidy, and relevant documentation.

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What is the 'statement'?

A written declaration of intent to receive remuneration for lending for use, submitted by the entity (e.g., lending library) to the collective organization.

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When is the statement effective?

The statement is valid for the year it's submitted by August 31st, and remains in effect for following years until revoked.

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What must be specified in the contract?

The contract must outline the value of the subsidy, its timeframe and procedures, inspection by the cultural ministry, settlement method, and conditions for repayment.

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What is the purpose of the subsidy?

The subsidy is designed to pay remuneration for lending for use, including the costs associated with determining and paying the remuneration.

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Who is responsible for the inspection?

The minister responsible for culture and protection of the national heritage conducts the inspection on the implementation of lending for use remuneration.

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When is the remuneration due?

The remuneration for lending for use becomes due after the relevant entity submits a 'statement' expressing their intent to receive it.

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Organization for Collective Administration

An organization chosen by the government to manage copyright for works that have fallen into the public domain.

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Criteria for Selecting a Collective Administration Organization

The government evaluates potential organizations based on their representativeness, organizational capacity, effectiveness, cost control, and ability to settle remunerations.

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Multiple Collective Administration Organizations

The government can appoint multiple organizations to work together for collective administration, if they can act jointly.

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Contest for Collective Administration

The government holds public contests to select which organization will manage copyright for out-of-commerce works.

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Appeal Process for the Contest

Organizations that participate in the contest can appeal the results if they believe there were legal violations, with the government making a decision within 14 days of receiving the appeal.

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Dissemination Period for Works in Parts

When a work is disseminated in parts (e.g., chapters of a book), the copyright protection period starts separately for each part from the date it is disseminated.

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Economic Rights Duration

The author's economic rights last for a full year following the year in which the work is disseminated, as per Articles 36 and 37.

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Payment for Public Domain Works

Producers of copies of works that are no longer under copyright (public domain) must pay 5-8% of their sales revenue to a special fund.

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Transfer of Economic Rights

Authors can transfer their economic rights to others through inheritance or contracts.

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Contract for Economic Rights Transfer

Contracts for the transfer of economic rights must specify the exact areas where the new owner can exploit the work.

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Future Works in Contracts

Contracts cannot include provisions that apply to all future works of an author or a certain type of work.

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Devolution of Economic Rights: Exceptions

The law can override the general rules for transferring economic rights, meaning that the transfer might not be possible under certain circumstances.

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Who Can Acquire Economic Rights?

The person who acquires the author's economic rights can further transfer them to others unless the original contract restricts this.

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