Law on Copyright and Related Rights PDF

LAW ON COPYRIGHT AND RELATED RIGHTS z dnia 4 lutego 1994 r. (Dz.U. tłum. gb Nr 24, poz. 83) tj. z dnia 17 maja 2006 r. (Dz.U. tłum. gb Nr 90, poz. 631) tj. z dnia 29 kwietnia 2016 r. (Dz.U. tłum. gb z 2016 r. poz. 666) tj. z dnia 5 kwietnia 2017 r. (Dz.U. tłum. gb z 2017 r. poz. 880) tj. z dnia 9 maja 2018 r. (Dz.U. tłum. gb z 2018 r. poz. 1191) tj. z dnia 6 czerwca 2019 r. (Dz.U. tłum. gb z 2019 r. poz. 1231) tj. z dnia 21 maja 2021 r. (Dz.U. tłum. gb z 2021 r. poz. 1062) tj. z dnia 28 października 2022 r. (Dz.U. tłum. gb z 2022 r. poz. 2509) (zm. ) Chapter 1. The Subject Matter of Copyright. Art. 1 1. The subject matter of copyright shall be any and all manifestation of creative activity of individual nature, established in any form, irrespective of its value, designation or manner of expression (work). 2. In particular, the subject matter of copyright shall be: 1) works expressed in words, mathematical symbols, graphic signs (literary, journalistic, scientific and cartogra- phic works and computer programs); 2) artistic works; 3) photographic works; 4) string musical instruments; 5) industrial design works; 6) architectural works, architectural and town planning works, and town planning works; 7) musical works and textual and musical works; 8) stage works, stage and musical works, choreographic and pantomimical works; 9) audiovisual (including film) works. 21. Protection may apply to the manner of expression only; no protection shall be provided for discoveries, ideas, proce- dures, methods and principles of operations or mathematical concepts. 3. The work shall be copyrighted since it has been established, even though its form is incomplete. 4. The author shall enjoy copyright protection irrespective of complying with any formalities. Art. 2 1. The work derived from another author’s work (derivative work), in particular its translation, alteration or adaptation, shall be copyrighted without detriment to the right to the original work. 2. The disposal and use of the derivative work shall depend on permission of the author of the original work (derivative copyright) unless the author’s economic rights to the original work have expired. The author’s permission shall also be required for preparing a derivative work in the case of data bases possessing the features of a work. 3. The author of the original work may withdraw his/her permission if within five years from granting such permission the derivative work has not been disseminated. The remuneration paid to the author shall not be refundable. 4. The work which has been created under the inspiration of another author’s work shall not be deemed the derivative work. 5. Copies of the derivative work shall indicate the author and the title of the original work. 1 Art. 3 Collections, anthologies, selections, and data bases possessing the features of a work shall be covered by copyri- ght even though they contain unprotected materials, if their selection, arrangement or composition are creative without detriment to the rights of the used works. Art. 4 The copyright shall not cover: 1) legislative instruments and their official drafts; 2) official documents, materials, logos and symbols; 3) published patent specifications and industrial design specifications; 4) simple press information. Art. 5 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 European Union Member State or 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 within the territory of the Republic of Poland or simultaneously wi- thin such territory and abroad; or 3) which have been published for the first time in Polish; or 4) which are protected by international agreements, within the scope of protection provided thereby. Art. 6 1. Whenever this Act mentions: 1) published work, it shall mean a work which, with a permission of its author, has been reproduced and its copies being made available to the public; 2) simultaneous publication, it shall mean publication of a work within the territory of the Republic of Poland and abroad within 30 days from the date of its first publication; 3) disseminated work, it shall mean a work which, with a permission of its author, has been made available in any manner to the public; 4) broadcasting of a work, it shall mean its dissemination by way of radio or television transmission through wire- less networks (air or satellite) or cable networks; 5) retransmission of a work, it means its dissemination by a subject other than the original broadcaster, by taking on the entire and unchanged programme of a radio or television broadcasting organisation while simultaneously and integrally transferring such programme for general reception; 6) putting a work into circulation, it means making its original or copies available to the public through transfer of their ownership by a rightholder or with consent of the rightholder; 7) rental of copies of a work, it means their transfer for use limited in time with the objective of generating direct or indirect material benefit; 8) lending for use of copies of a work, it means delivery thereof for use limited in time without the objective of ge- nerating direct or indirect material benefit; 9) presentation of a work, it means making the work available to the public by means of sound, vision or sound and vision carriers on which the work has been recorded, or by means of the equipment used for reception of radio or television programme on which the work is being broadcast, or the equipment enabling the use of the work made available to the public so that any person could have access thereto at the place and time of their choice; 10) technological protection measures, it means any and all technology, equipment or elements thereof intended to prevent or to restrict any actions enabling the use of works or artistic performances in breach of law; 11) effective technological protection measures, it means the technological protection measures which enable sub- jects holding rights thereto to control the use of a protected work or an artistic performance through the applica- tion of an access code or a protection mechanism, including without limitation encryption, scrambling or any other transformation of a work or an artistic performance or a reproduction control mechanism which serve the protection objective; 12) information on administration of rights shall be information providing identification of the work, the author, the owner of the copyright or information on the conditions of exploitation of a work, provided that they have been attached to the copy of the work or are delivered in relation to dissemination thereof, including identification codes; 13) education institutions shall be the organizational units referred to in Article 2 of the Act of 14 December 2016 – Educational Law (Dziennik Ustaw 2017, item 59), as well as schools, school complexes, and Polish schools refer- 2 red to in Article 4, subparagraph 29d of the said Act as well as non-commissioned officers’ schools, training facili- ties or training centres referred to in Article 91 of the Act of 11 March 2022 on Defending the Homeland (Dziennik Ustaw 2022, item 655); 14) collective administration organization, it means a collective administration organization within the meaning of Article 3, subparagraph 2 of the Act of 15 June 2018 on Collective Administration of Copyright and Neighbouring Rights (Dziennik Ustaw 2018, item 1293), hereinafter referred to as the "Act on Collective Administration of Copy- right and Neighbouring Rights"; 15) contract for collective administration, it means a contract referred to in Article 29 of the Act on Collective Ad- ministration of Copyright and Neighbouring Rights; 16) contract for representation, it means a contract within the meaning of Article 3, subparagraph 9 of the Act on Collective Administration of Copyright and Neighbouring Rights; 17) competent organization for collective administration of copyright or neighbouring rights, it means an organiza- tion which collectively administers the rights of an authorized party under a contract for collective administration or a contract for representation, and where the authorized party has not concluded a contract with any organization – an organization representative for a given type of works or objects of neighbouring rights and the categories of the parties authorized in a given field of exploitation within the meaning of the Act on Collective Administration of Co- pyright and Neighbouring Rights; 18) the beneficiary shall be, regardless of any other functions, the person who: a) is blind or b) is suffering from visual impairment incurable to the extent that the sight capability of such a person may not become equivalent to the sight capability of a person not suffering from such impairment, in general, and which person, consequently, is not able to read works expressed in written words to such an extent, in general, that the person not suffering from such impairment; or c) has a limited perception or reading capability, which person, consequently, is not able to read works expres- sed in written words to such an extent, in general, that the person not suffering from such impairment; or d) due to other physical impairment is not able to hold a book or handle it or focus his/her sight or move his/ her eyes to an extent enabling normal reading; 19) an authorized subject is a public finance sector entity, educational institution, a school of higher education or a non-profit organization conducting public benefit activity which, as part of its statutory tasks, performs actions for the benefit of beneficiaries within the scope of education, training, induction reading or access to information; 20) a copy of a work in an accessible format shall be a copy: a) created as a result of an action necessary for the purpose of ensuring for the beneficiary equally effective and convenient access to the work as the access used by a person suffering from no impairments referred to in subparagraph 18; b) prepared based on the copy referred to in letter a. 2. Whenever this Act mentions an equivalent of a given amount denominated in euro it shall mean its equivalent denomi- nated in the Polish currency, calculated at the average euro exchange rate or its equivalent denominated in other currency, calculated at the average euro exchange rate and the average exchange rate of such other currency announced by the National Bank of Poland on the day preceding the performance of this act. Art. 61 1. Dissemination of a work within the territory of the Republic of Poland through satellite radio or television transmission means dissemination of such work by the act of introducing, under the responsibility of the radio or television broadcasting organization, within the territory of the Republic of Poland, the work into a chain of communication leading to the satellite and back down to Earth. 2. If dissemination of any work through satellite radio or television transmission occurs in any non-member country of the European Union which does not ensure the level of protection defined in Chapter II of the Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, p. 15; Dz.Urz. UE Polskie wydanie specjalne, rozdz. 17, t. 1, str. 134 (Official Journal of the European Union, the Special Polish Edition, Chap. 17, Vol. 1, p. 134), and if: 1) the work-carrying signal is transmitted to the satellite through an uplink station situated within the territory of the Republic of Poland, it is believed that such work has been disseminated within the territory of the Republic of Poland by the operator of that station; 2) the work-carrying signal is transmitted to the satellite through an uplink station situated within the territory of a non-member state of the European Union and the work is disseminated on the commission of a radio or television 3 organization having its seat in one of the European Union Member States and the main enterprise within the territo- ry of the Republic of Poland, it is believed that the work has been disseminated within the territory of the Republic of Poland by such organization. 3. If the work-carrying signal is encrypted to prevent the common and unlimited reception thereof, it shall be considered as dissemination, within the meaning of paragraph 1, on condition that the means for receiving the signal are provided by the radio or television broadcasting organization or with its consent. 4. A satellite shall be any artificial Earth satellite operating within the frequency bands which pursuant to the Act of 16 July 2004 - the Telecommunications Law (Dziennik Ustaw 2004, No. 17, item 1800, as amended) are reserved for the broadcast of signals for reception by the public or which are reserved for closed point-to-point communication, provided that in both those cases the reception of signals must occur in comparable conditions. Art. 7 Should the international agreements, to which the Republic of Poland is a party, provide for broader protection than envisaged by this Act for unpublished works of Polish citizens or for works published for the first time within the territory of the Republic of Poland or simultaneously within the territory of the Republic of Poland, or for works published for the first time in Polish, the provisions of such agreements shall apply. Chapter 2. Owner of the Copyright. Art. 8 1. The owner of the copyright shall be the author unless this Act states otherwise. 2. It shall be presumed that the author is the person whose name has been indicated as the author on copies of the work or whose authorship has been announced to the public in any other manner in connection with the dissemination of the work. 3. In order to exercise his/her copyright the author, as long as he/she does not disclose his/her authorship, shall be repre- sented by the producer or the publisher and in the absence thereof - by the competent organization for collective admini- stration of copyright. Art. 9 1. The coauthors shall enjoy copyright jointly. It shall be presumed that the amounts of shares are equal. Each of the coauthors may claim the amounts of shares to be determined by the court on the basis of his/her contribution of creative work. 2. Each of the coauthors may exercise his/her copyright with respect to his/her autonomous part of the work without detriment to the other coauthors. 3. The consent of all coauthors shall be required in order to exercise copyright with respect to the whole work. In the event of absence of such consent, each of the coauthors may request a court decision which shall take into account the interests of all the coauthors in its decision. 4. Each of the coauthors may lay claims for infringement of copyright with respect to the whole work. All coauthors shall have the right to compensation received in proportion to their shares. 5. Economic rights of coauthors shall be governed by the respective provisions of the Civil Code on the coownership of fractional parts. Art. 10 If the authors have combined their separate works in order to disseminate them jointly, each of them may request from the other authors their permissions for the dissemination of the so created whole, unless there are reasonable grounds for withholding such permissions and the contract does not state otherwise. Provisions of Article 9, paragraphs 2 to 4 above shall apply accordingly. Art. 11 The producer or publisher shall have the author’s economic rights in a collective work and in particular the rights in encyclopaedias or periodical publications, and the authors shall have economic rights in their specific parts which may exist independently. It shall be presumed that the producer or publisher have the right to the title. Art. 12 4 1. 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/her 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 congruent intention of the parties. 2. If, within two years from accepting the work, the employer does not start the dissemination of the work to be dissemi- nated 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 ineffective elapse, 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. The parties may agree upon another time limit for starting the dissemination of the work. 3. Unless the contract of employment states otherwise, upon the acceptance of the work, the employer shall acquire the ownership of the object in which the work has been fixed. Art. 13 If, within six months from delivery of the work, the employer fails to notify the author of its rejecting or con- ditioning the acceptance upon making specific changes within an appropriate time for making such changes, it shall be considered that the work has been accepted without objections. The parties may agree on a different time limit. Art. 14 1. Unless the contract of employment states otherwise, the research institutions shall have the priority in publishing a scientific work when its employee created such work as a result of performing his/her duties under the employment relationship. The author shall have the right to remuneration. The priority of publication shall expire if within six months from the date of delivery of the work no publication contract has been made with the author or if, within two years from the date of its acceptance, the work has not been published. 2. The research institution may, without separate remuneration, use the scientific materials included in the work specified in paragraph 1 and may make the work accessible to the third parties if it results from the agreed designation of the work or has been provided for in the contract. Art. 15 It shall be presumed that the producer or publisher is the person whose surname or business name has been shown as such on the objects in which the work has been fixed or whose name or business name has been disclosed to the public in any other manner in connection with the dissemination of the work. Art. 15a 1. A school of higher education shall enjoy the right of priority to publish a diploma work of its student. If a school of higher education has not published the diploma work within 6months from its defence, the student who wrote such a work may publish it unless it is a part of collective work. 2. The subject referred to in Article 7, paragraph 1, subparagraphs 1, 2, and 4 to 6 of the Act of 20 July 2018 – Law on Schools of Higher Education and Science (Dziennik Ustaw 2018, item 1668) may use, with no remuneration and no need to obtain consent of an author, a work created by a student or a person applying for being awarded a degree of a PhD as a result of fulfillment of the duties related to pursuing studies or preparation of a doctoral dissertation, make the work available to the minister competent for higher education and science and use the works stored in the databases maintained by him/her, in order to perform a verification with the use of the Uniform Anti-Plagiarism System. 3. The minister competent for higher education and science may use diploma works and doctoral dissertations stored in the databases maintained by him/her to the extent necessary to ensure the appropriate maintenance and development of those databases and IT systems cooperating therewith. Chapter 3. The Content of Copyright. Section 1. Author’s Moral Rights. Art. 16 Unless this Act states otherwise, the moral rights shall protect the link between the author and his/her work which is unlimited in time and independent of any waiver or transfer, and, in particular, the right: 5 1) to authorship of the work; 2) to sign the work with the author’s name or pseudonym, or to make it available to the public anonymously; 3) to have the contents and form of the author’s work inviolable and properly used; 4) to decide about making the work available to the public for the first time; 5) to control the manner of using the work. Section 2. Author’s Economic Rights. Art. 17 Unless this Act states otherwise, the author shall have an exclusive right to use the work and to dispose of its use throughout all the fields of exploitation and to receive remuneration for the use of the work. Art. 171 Preparing a derivative work or reproducing a data base possessing the features of a work by a legal user of the data base or a copy thereof shall not require permission of the author of the data base if it is required for access to the contents of the data base and for normal use of its contents. If the user is authorized to use only a part of the data base, this provision shall apply only to this part. Art. 18 1. The author’s economic rights shall not be subject to execution as long as they serve the author. The above shall not apply to enforceable receivable debts. 2. After the author’s death his/her heirs may object to the execution of an unpublished work under copyright unless the objection contradicts the expressed wish of the author as to the dissemination of the work. 3. The right to remuneration as referred to in Article 19, paragraph 1, Article 191, Article 20, paragraphs 2 to 4, Article 201 and Article 70, paragraph 21 cannot be waived, transferred or executed. The above shall not apply to matured receivables. 4. The right to remuneration as referred to in Article 28, paragraph 4, to which the entities referred to in Article 28, paragraph 5, subparagraphs 1 to 3 are entitled to, may not be transferred or executed. The above shall not apply to matured receivables. Art. 19 1. The author and his/her heirs, in the case of professionally performed resale of original copies of the artistic or photo- graphic work, shall have the right to remuneration being the sum total of the rates below: 1) 5 per cent of a part of the selling price, if this part is included in the range up to the equivalent of EUR 50,000; and 2) 3 per cent of a part of the selling price, if this part is included in the range from the equivalent of EUR 50,000.01 to the equivalent of EUR 200,000; and 3) 1 per cent of a part of the selling price, if this part is included in the range from the equivalent of EUR 200,000.01 to the equivalent of EUR 350,000; and 4) 0.5 per cent of a part of the selling price, if this part is included in the range from the equivalent of EUR 350,000.01 to the equivalent of EUR 500,000; and 5) 0.25 per cent of a part of the selling price, if this part is included in the range exceeding the equivalent of EUR 500,000 - the remuneration being not higher, however, than the equivalent of EUR 12,500. 2. The provision of paragraph 1 shall not apply in the case of the selling price lower than the equivalent of EUR 100. 3. Original copies of a work within the meaning of paragraph 1 shall be: 1) the copies performed personally by the author; 2) the copies considered original copies of the work, if they were performed personally, in a limited number, by the author or under his/her supervision, numbered, signed or otherwise designated by him/her. Art. 191 The author and his/her heirs shall have the right to remuneration in the amount of 5 per cent of the price of professionally performed resale of manuscripts of literary and musical works. Art. 192 6 1. The resale within the meaning of Article 19, paragraph 1 and Article 191 shall be any sale effected after the first disposal of the work by the author. 2. The professional resale within the meaning of Article 19, paragraph 1 and Article 191 shall be any acts having the nature of resale performed, as a part of the activity carried on, by sellers, buyers, intermediaries, and other subjects professionally dealing with trading in works of art or manuscripts of literary and musical works. Art. 193 1. The seller referred to in Article 192, paragraph 1 shall be liable to pay the remuneration referred to in Article 19, paragraph 1 and Article 191, and when he/she acts on behalf of a third party professionally dealing with trading in works of art or manuscripts of literary and musical works, he shall be jointly and severally liable with him/her. 2. The seller shall be obliged to disclose the third person specified in paragraph 1 above. He/she may be released from such duty through payment of the due remuneration. 3. The author of the work referred to in Article 19, paragraph 1 and Article 191 and his/her heirs may demand that the persons mentioned in paragraph 1 provide the information and render available the documents necessary to determine due remuneration for the resale of an original copy of a work for the period of 3 years of the day of performing the resale. Art. 194 The selling prices specified in Article 19, paragraph 1 and Article 191 shall be the prices net of the output goods and services tax due in respect of the performed resale of an original copy or manuscript of a work. Art. 195 The provisions of Articles 19 to 194 shall also apply to original copies and manuscripts of works other than those listed in Article 5, whose authors have a place of permanent stay within the territory of the Republic of Poland on the date of performing the resale. Art. 20 1. Producers and importers: 1) of tape recorders, video recorders and other similar devices; 2) of photocopiers, scanners and other similar reprographic devices which allow to make copies of all or a part of a published work; 3) of blank carriers used for fixing, within the scope of personal use, works or objects of neighboring rights, with the help of the devices listed in subparagraphs 1 and 2 - shall be obliged to pay to organizations for collective administration specified in paragraph 5 which act to the be- nefit of artists, artistic performers, producers of phonograms and videograms, and publishers, fees at not more than 3 per cent of the amount due from the sale of those devices and carriers. 2. The amount received in the form of fees from the sale of tape recorders and other similar devices as well as blank carriers related thereto, shall be distributed as follows: 1) 50 per cent - to artists; 2) 25 per cent - to artistic performers; 3) 25 per cent - to producers of phonograms. 3. The amount received in the form of fees from the sale of video recorders and other similar devices as well as blank carriers related thereto, shall be distributed as follows: 1) 35 per cent - to artists; 2) 25 per cent - to artistic performers; 3) 40 per cent - to producers of videograms. 4. The amount received in the form of fees from the sale of reprographic devices as well as blank carriers related thereto, shall be distributed as follows: 1) 50 per cent - to artists; 2) 50 per cent - to publishers. 5. The Minister competent for culture and protection of the national heritage, having consulted organizations for collective administration of copyright and neighbouring rights, associations of authors, artistic performers, organizations of produ- cers of phonograms, producers of videograms and publishers as well as organizations of producers or importers of the 7 devices and blank carriers listed in section 1, shall define, by way of a regulation: categories of devices and carriers as well as the fees referred to in paragraph 1, on the basis of the capacity of a device and carrier to reproduce works, and the designed use thereof for functions other than reproduction of works, the manner of collection and distribution of the fees as well as the organizations for collective administration of copyright and neighbouring rights authorized to collect such fees. Art. 201 1. Any person who is in possession of any reprographic devices and conducts economic activities within the scope of reproduction of works for the personal use of third parties, shall be obliged to pay, through an organization for collective administration of copyright and neighbouring rights, fees at up to 3 per cent of proceeds generated from such activities, to authors and publishers, unless the reproduction is done on the basis of a contract signed with a rightholder. Such fees shall be paid to authors and publishers in equal parts. 2. The Minister competent for culture and protection of the national heritage, having consulted organizations for collective administration of copyright and neighbouring rights, associations of authors and publishers as well a respective chamber of commerce, shall define, by way of a regulation, the fees referred to in paragraph 1, taking into account the share of works reproduced for personal use in all of the reproduced materials, the manner of collection and distribution of the fees as well as designate the organization or organizations for collective administration of copyright and neighbouring rights authorized to collect such fees. Art. 21 1. Radio and television broadcasting organizations may broadcast minor musical works, minor textual works as well as textual and musical works, all of them having been disseminated, exclusively on the basis of a contract entered into with a competent organization for collective administration of copyright and neighbouring rights, unless the radio or television broadcasting organization is entitled to broadcast works commissioned thereby on the basis of a separate contract. 2. An author may waive, in a contract concluded with a radio or television broadcasting organization, the right to repre- sentation by an organization for collective administration of copyright and neighbouring rights, such representation being referred to in paragraph 1. The waiver must be in writing, otherwise being null and void. 21. Provisions of paragraphs 1 and 2 shall respectively apply to making works available to the public in a manner permitting everyone to access it at a place and in time selected thereby. 3. Repealed. 4. Repealed. Art. 211 1. Cable network operators may retransmit in cable networks the works broadcast in programmes of radio and television organizations exclusively on the basis of a contract concluded with the relevant organization for collective administration of copyright. 11. The obligation of intermediation of a competent organization of collective administration of copyright, as referred to in paragraph 1, shall not apply to the rights exercised by the radio broadcasting organization or television broadcasting organization in relation to their own broadcasts, irrespective of whether the given rights are held by such organizations or have been transferred thereupon by another authorized party. 2. In the case of disputes related to conclusion of the contract and its conditions, said contract being referred to in paragraph 1, the provision of Article 85 of the Act on Collective Administration of Copyright and Neighbouring Rights shall apply. Art. 212 1. Radio and television broadcasting organizations may broadcast works and make them available to the public, as part of their own archival broadcasts, so that anyone could have access thereto at the place and time of their choice, as well as reproduce the same for the purpose of such use, exclusively under a contract concluded with the competent organization for collective administration of copyright, unless the right to such a use is vested with a given radio or television broadcasting organization under the Act or a separate contract. The provision of Article 21, paragraph 2 shall apply accordingly. 2. An own archival broadcast referred to in paragraph 1 shall be a broadcast created by a given radio or television broadcast organization at its order or commission, or in a co-production with it, before 1 January 2003. 8 Art. 213 Holders of the equipment used for reception of radio or television programmes may publicly present works by means of this equipment only under a contract concluded with the competent organization for collective administration of copyright, unless their presentation takes place under a separate contract. Art. 22 Repealed. 1. Radio and television broadcasting organizations shall be allowed to fix the works, with their own means and for their own broadcasting purposes, to use them in compliance with law. 2. The fixations referred to in paragraph 1 shall be destroyed within one month from the date of expiry of the right to broadcast the work. 3. The provisions of paragraph 2 shall not apply to fixations made in the course of preparing own radio broadcasts and programmes which have exceptional documentary character and which will be placed in the archives. Section 3. Permissible Use of Protected Works. Art. 23 1. It shall be permitted to use free of charge the work having been already disseminated for purposes of personal use without the permission of the author. This provision shall not authorize to build constructions according to other authors’ architectural works as well as architectural and town planning works and to use electronic data bases possessing the features of a work unless this applies to one’s own scientific use not connected with any profit-gaining purposes. 2. The scope of personal use shall include use of single copies of works by a circle of people having personal relationships, and in particular any consanguinity, affinity or social relationship. Art. 231 No author's permission shall be required for temporary reproduction having transitory or incidental nature, such reproduction having no independent economic significance but constituting an integral and indispensable part of a manu- facturing process the sole purpose of which is to enable: 1) transmission of work via an IT data transmission system between third parties by an intermediary or 2) the use of work in compliance with law. Art. 232 1. Radio and television broadcasting organizations shall be allowed to fix the works with their own means and for their own broadcasting purposes. 2. The fixations referred to in paragraph 1 shall be destroyed within one month from the date of expiry of the right to broadcast the work. 3. The provision of paragraph 2 shall not apply to any fixations which are considered as archival materials comprising the resources of the national archives resource. Art. 24 1. It shall be permitted to disseminate through a group antenna or cable network the works broadcast by another radio or television broadcasting organization through satellite, air or cable networks if it is done within the framework of concur- rent, integral and free dissemination of radio and television programmes and is designed for a specific group of receivers living in either a single apartment building or single family houses including up to 50 households. 2. Owners of devices used for receiving radio or television programme may receive by means of such devices broadcast works even if such devices are located in a public place, provided that it is not connected with the obtaining of material benefits. 3. Repealed. 4. Repealed. 9 Art. 25 1. It shall be permitted, for informative purposes, to disseminate in the press, radio and television the materials: 1) having been already broadcast: a) reports on current events; b) articles on current political, economic or religious issues, unless there is a clear provision that any further dissemination thereof is prohibited; c) current comments made and photographs taken by reporters; 2) short excerpts from reports and articles, specified in subparagraph 1, letters a and b; 3) reviews of publications and disseminated works; 4) repealed; 5) short summaries of a disseminated work. 2. The author shall have the right to remuneration for the use of the works specified in paragraph 1, subparagraph 1, letters b and c above. 3. Dissemination of the works specified in paragraph 1 shall be allowed both in the original and in translation thereof. 4. Provisions of paragraphs 1 to 3 shall respectively apply to making works available to the public in such a manner which permits everyone to access them at a place and time selected by any such person, provided that if the remuneration referred to in paragraph 2 is not paid on the basis of an agreement with the rightholder, the remuneration shall be paid through the organization for collective administration of copyright or neighbouring rights. Art. 26 It shall be permitted to quote, in the reports of current events, the works made available in the course of such events, however, within the limits justified by the purpose of the information. Art. 261 Any political speeches and addresses made during public hearings as well as fragments of public addresses, lectures and sermons may be used within the limits justified by information purposes. This regulation does not authorize to public collections of any such type of works. Art. 27 1. Educational institutions and the subjects referred to in Article 7, paragraph 1, subparagraphs 1, 2 and 4 to 8 of the Act of 20 July 2018 – Law on Schools of Higher Education and Science may, for the purposes of illustrating the contents transferred for the didactic purposes or in order to pursue scientific activity, use the works disseminated in original and translation and reproduce for this purpose disseminated minor works or parts of larger works. 2. In the case of making works available to the public in such a manner which permits everyone to access them at a place and time selected by any such person, the use referred to in paragraph 1 is allowed only for a limited group of persons who are students, teachers or conduct scientific research, which persons are identified by the entities referred to in paragraph 1. Art. 271 1. For teaching and scientific purposes it is permissible to include disseminated minor works or excerpts from larger works in textbooks, readers and anthologies. 2. In the events specified in paragraph 1 the author shall have the right to remuneration. Art. 28 Libraries, archives and schools shall be allowed: 1) to provide free access to copies of disseminated works within the scope of their tasks as stated under statute; 2) to make or mandate making copies of disseminated works in order to supplement them, maintain or protect one’s own collections; 3) to make the collection available for research or learning purposes through information technology system en- dings (terminals) located at the premises of those entities. 1. Educational institutions, schools of higher education, research institutes which conduct activities referred to in Article 2, paragraph 3 of the Act of 30 April 2010 on Research Institutes (Dziennik Ustaw 2015, item 1095), scientific institutes of the Polish Academy of Sciences which conduct activities referred to in Article 50, paragraph 4 of the Act of 30 April 2010 on the Polish Academy of Sciences (Dziennik Ustaw 2015, items 1082 and 1268), libraries, museums and archives may: 1) lend for use copies of disseminated works within the scope of their tasks as stated under statute; 10 2) reproduce works constituting a part of their own collections to supplement, maintain or protect such collections; 3) make the collections available for research or learning purposes through information technology terminals loca- ted at the premises of those entities, provided that none of those activities are conducted to achieve, directly or indi- rectly, any material benefit. 2. The reproduction referred to in paragraph 1, subparagraph 2 may not result in an increase of the number of copies of works and enlargement of collections which are accordingly lent or made available for use, respectively, pursuant to paragraph 1, subparagraphs 1 and 3. 3. The provisions of paragraph 1, subparagraph 3 shall not apply if the use granted in accordance therewith is based on an agreement that was previously concluded with a relevant rightholder. 4. The lending of copies of works expressed in words which were created or published in Polish in the printed form by public libraries in the meaning of the Act of 27 June 1997 on Libraries (Dziennik Ustaw 2012, items 642 and 908; 2013, item 829), hereinafter referred to as "public libraries", entitle to remuneration determined and paid on the terms as provided in Division 4. 5. The remuneration referred to in paragraph 4 shall be due, following the satisfaction of the condition referred to in Article 352, paragraph 1, to: 1) an author of a work expressed in words which was created and published in Polish; 2) a translator into Polish of the work expressed in words which was created in a foreign language and published in Polish; 3) a co-author of the work referred to in subparagraph 1 who contributed an artistic or photographic work; 4) a publisher of the work expressed in words and published in Polish. 6. If a copy of a work is made available for use exclusively at the premises of a public library, no remuneration referred to in paragraph 4 shall be due. 7. Paragraph 4 does not apply for the copies being made available by the National Library. Art. 29 It shall be permitted to quote, in works constituting an independent whole, fragments of disseminated works and disseminated artistic works, photographic works or minor works in full, within the scope justified by the objectives of the quotation, such as an explanation, polemics, a critical or scientific analysis, teaching or by the rights governing a given kind of creative activity. 1. It shall be permitted to quote, in works constituting an independent whole, fragments of disseminated works or minor works in full, within the scope justified by explanation, critical analysis, teaching or the rights governing a given kind of creative activity. 2. For teaching and research reasons it is permissible to include disseminated minor works or excerpts from larger works in textbooks and reading books. 21. It shall be permissible to include in anthologies, for teaching or research purposes, minor works of fragments or larger woks which have already been disseminated. 3. In the events specified in paragraphs 2 and 21 the author shall have the right to remuneration. Art. 291 It is permissible to use works for the purposes of parody, pastiche or caricature, within the scope justified by the rights governing such kinds of creative activity. Art. 292 It is permissible to non-intentionally include a work in another work, provided that the included work is of no import to the work in which it was included. Art. 30 Repealed. 1. The centres of information and documentation may prepare and disseminate their own documentation studies and single copies, not larger than one publishing sheet of excerpts of the published works. 2. The author and the competent organization for collective administration of copyright and neighbouring rights shall be authorized to collect from the centres specified in paragraph 1 above, remuneration for the paid access to copies of fragments of the works. 11 Art. 301 Article 271 and Article 28 shall not apply to databases possessing the features of a work. Art. 31 1. Works may be used during religious ceremonies and official ceremonies organised by public authorities, provided that no material benefits are, directly or indirectly, generated in connection therewith. It is permissible to publicly perform or to present, using the equipment and carriers at the same location as the public, any disseminated works during school and university events, provided that no benefits, direct or indirect, are gained and no remuneration is paid to the artistic performers as well as the persons presenting the works. 3. The provisions of paragraphs 1 and 2 do not apply to the use of works during any advertising, promotional and election events. Art. 32 1. The owner of a copy of the artistic work may exhibit it publicly if no material benefit is intended to be gained. 2. In the event of deciding to destroy the original copy of an artistic work found in a public place, the owner shall be obliged to offer the author or his/her relatives 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. Art. 33 It shall be allowed to disseminate: 1) the works permanently exhibited on commonly accessible public roads, streets, squares or gardens, although not for the same use; 2) repealed; 3) in encyclopaedias and atlases - printed artistic and photographic works if it is difficult to get into contact with the author. In such case, the author shall have the right to remuneration. Art. 331 1. It shall be permitted to use the already disseminated works for the benefit of the handicapped, provided that such use is directly related to their handicap, that it is not a profit-gaining activity and that it is proportionate to the nature of the handicap. 2. Using works referred to in paragraph 1 consisting in reproduction of works expressed in written words, mathematical symbols, graphic marks or notation and related artworks or photographic works made publicly available in any manner and dissemination of such works for the beneficiaries shall take place under the rules laid down in Division 3a. Art. 332 It shall be permitted to use works for the purposes of public security or for the purposes of administrative, court or legislative proceedings and any reports thereof. Art. 333 1. It shall be permitted to use works within the scope justified by the promotion of an exhibition or sale, excluding any other commercial use for the purposes of advertising, a public exhibition or a public sale of works. 2. The use referred to in paragraph 1 applies, in particular, to publicly available exhibitions in museums, galleries, exhi- bition halls and comprises the use of works in announcements, catalogues and other materials disseminated to promote an exhibition or sale, and exhibiting or otherwise making copies of works available for those purposes. Art. 334 It shall be permitted to use works in relation to any presentation or repair of equipment. Art. 335 It shall be permissible to use a work such as a building structure, its drawing, plan or other assessment, for the purposes of reconstruction or repair of a building structure. 12 Art. 34 It shall be permitted to use the works, within the limits of permissible use, on the condition that the author and the source have been named. The author and the source should be named subject to existing options. The authors shall not have the right to remuneration, unless this Act provides otherwise. Art. 35 The permissible use must not infringe the normal use of the work or violate the legitimate interests of the author. Section 3a. Permitted Use for Beneficiaries. Art. 35a 1. A beneficiary or a person acting on his/her behalf may reproduce works for the purpose of preparation of a copy of works in available formats. 2. An authorized subject may: 1) reproduce works with the purpose of preparation of copies of works in available formats; 2) disseminate copies of works in available formats, prepared on one's own or obtained from another authorized subject, among beneficiaries and authorized subjects. 3. The activities referred to in paragraphs 1 and 2 may be carried out exclusively with a view to ensure that the beneficiary have an equally effective and convenient access to a work that the access enjoyed by the persons having no impairments referred to in Article 6, paragraph 1, subparagraph 18. 4. In the case of dissemination referred to in paragraph 2, subparagraph 2, among beneficiaries, the beneficiary demon- strates with a reasonable degree of probability the existence of the circumstances referred to in Article 6, paragraph 1, subparagraph 18, in particular by a declaration in writing or in a document form, filing of a medical certificate, certificate of disability or a certificate of a specific degree of disability. 5. The provisions of contracts concluded between the authorized party in which author's economic rights are vested and the beneficiary, a person acting on his/her behalf or the authorized subject, which provisions are at variance with paragraph 1 or 2 shall be invalid. Art. 35b An authorized subject shall take: 1) the actions referred to in Article 35a, paragraph 2, exercising due diligence, and shall record the course thereof; 2) appropriate actions serving to discouraging non-permitted reproduction and dissemination of copies of works in available formats. Art. 35c 1. An authorized subject shall make available on its website and shall update on an ongoing basis: 1) the list of the works, the copies of which he holds in available formats, as well as the information about the types of those formats; 2) the names and contact details of the authorized subjects, with which it exchanges copies of works in available formats; 3) the information on the manner of discharging the duties referred to in Article 35b. 2. The list, the information, the names and the details referred to in paragraph 1 may be made available, in addition, in a manner conventionally accepted for a given authorized subject. Art. 35d 1. Upon demand of a beneficiary, an authorized subject or an authorized party vested with author's economic rights, the authorized subject shall provide the same with the list, the information, the names and the details referred to in Article 35c, paragraph 1, subparagraphs 1 and 2. 2. The list, the information, the names and the details referred to in Article 35c, paragraph 1, subparagraphs 1 and 2 shall be provided to the beneficiary in the form ensuring that he/she have a possibility of learning their contents. Art. 35e 13 1. The minister competent for culture and the protection of national heritage shall, upon request of an authorized subject, provide the European Commission with the name and the contact details of this subject. 2. The minister competent for culture and the protection of national heritage shall state, by a decision, that the subject notifying the name and the contact details is not an authorized subject. Section 4. The terms of determination and payment of remuneration for lending copies of works for use by public libraries. Art. 351 1. The remuneration for lending the works referred to in Article 28, paragraph 4, for use by public libraries, hereinafter referred to as the "remuneration for lending for use", shall be payable by the organization for collective administration of copyright designated by the minister competent for culture and protection of the national heritage from the subsidy transferred by this minister to said organization from the funds of the Fund for the Promotion of Culture as referred to in Article 87 of the Act of 19 November 2009 on Games of Chance (Dziennik Ustaw 2015, items 612, 1201 and 1639). 2. The organization for collective administration referred to in paragraph 1 shall be designated by the minister competent for culture and protection of the national heritage for a period of no more than five years, following a contest which took into account the following criteria: 1) representativeness; 2) organizational capacity to execute the task in a manner ensuring efficient payment of the remuneration for len- ding for use; 3) effectiveness and accuracy of operation; 4) legitimacy and value of proposed costs of determining the value and payment of the remuneration for lending for lending for use. 3. The minister competent for culture and protection of the national heritage shall announce, in the official gazette Biuletyn Informacji Publicznej, on a page dedicated thereto, the contest specified in paragraph 2 above and the results thereof. 4. The organization for collective administration of copyright which took part in the contest referred to in paragraph 2, may submit an appeal to the minister competent for culture and protection of the national heritage, within 7 days from the date of announcement of the results of the contest, against the results of the contest on the grounds of breach of law. 5. The appeal referred to in paragraph 4 shall be examined by the minister competent for culture and protection of the national heritage within 14 days from the date of receipt of the appeal. If the appeal is granted, the minister competent for culture and protection of the national heritage will declare the contest referred to in paragraph 2 invalid. 6. Subsidies for payment of remuneration for lending for use due to the entities referred to in Article 28, paragraph 5, are designated for payment of remuneration for lending for use and for any justified and documented costs of determining the value of the remuneration for lending for use and payment thereof. 7. Subsidies for payment of remuneration for lending for use in a given calendar year correspond to 5 per cent of the value of procured library resources made by public libraries in the previous calendar year, provided that 75 per cent of that amount, after deduction of the costs of determination and payment of the remuneration for lending for use, is paid to the entities referred to in Article 28, paragraph 5, subparagraphs 1 to 3, and 25 per cent to the entities referred to in Article 28, paragraph 5, subparagraph 4. 8. Subsidies for payment of remuneration for lending for use are provided pursuant to a contract concluded on an annual basis between the minister competent for culture and protection of the national heritage and the organization for collective administration, referred to in paragraph 1. 9. The contract referred to in paragraph 8 shall specify in particular: 1) the value of the subsidies designated for payment of remuneration for lending for use, including the designation of the costs of determination of the value and payment of such remuneration in a given year; 2) the time limits and procedures for the provision of the subsidy; 14 3) the organization for collective administration being required to submit to inspection conducted by the minister competent for culture and protection of the national heritage; 4) the method of settlement of the subsidy; 5) the conditions and the manner of repayment of the unused part of the subsidy or any subsidy used otherwise than intended. 10. The subsidies for payment of remuneration for lending for use, in the part designated to cover any justified and documented costs of determination of the value and payment of the remuneration for lending for use which are incurred by the organization for collective administration, referred to in paragraph 1, may not be greater than 10 per cent of the subsidy determined in accordance with paragraph 7, in any calendar year. 11. The minister competent for culture and protection of the national heritage shall conduct an inspection regarding the implementation of the tasks related with payment of the remuneration for lending for use which specifically includes the determination of the remuneration for the lending for use and payment thereof, the use of the subsidy provided for such purpose and the keeping of the required documentation. Art. 352 1. The remuneration for lending for use shall be due after the entity referred to in Article 28, paragraph 5, submits a written statement on an intent to receive the remuneration for lending for use, hereinafter referred to as the "statement". 2. The statement is submitted to the organization for collective administration referred to in Article 351, paragraph 1. The statement is effective in a given year if it is submitted by 31 August of a given year. The submitted statement is effective in the following years until it is revoked. 3. Within 14 days from the date of signing the contract referred to in Article 351, paragraph 8, the organization for collective administration referred to in Article 351, paragraph 1, shall, on its website, and the minister competent for culture and protection of the national heritage shall, on the page in the official gazette Biuletyn Informacji Publicznej dedicated thereto, announce the information about the option of submitting the statement. 4. The value of the remuneration for lending for use in a given calendar year by specific entities referred to in Article 28, paragraph 5, shall be determined by the organization for collective administration, referred to in Article 351, paragraph 1, pro rata to the number of copies of works of those entities lent for use in the previous year and based on the statements made by those entities by 31 August of a given calendar year and the previous years. 5. The value of the remuneration for lending for use due to the entity referred to in Article 28, paragraph 5, subparagraph 2, in any given calendar year is equal to 30 per cent of the value of remuneration due to the author of a work expressed in works, created and published in Polish. 6. The maximum amount of the total remuneration for lending for use due to an entity referred to in Article 28, paragraph 5, for the lending for use in a given calendar year of copies of all of such entity's works referred to in the statement equals five times the value of the average monthly remuneration in the industry sector, including profit distribution, for the last quarter of the previous calendar year, as announced by the President of the Central Statistical Office. 7. No remuneration for lending for use shall be payable to an entity referred to in Article 28, paragraph 5, in a given calendar year if, following the distribution of the sum referred to in Article 353, paragraph 2, the sum of the remuneration due thereto for the lending for use by public libraries of copies of all its works is lower than one two hundredths of the average monthly remuneration, referred to in paragraph 6. Art. 353 1. The information concerning the lending for use of copies of works in a given calendar year which is provided by the public libraries listed in the schedule referred to in Article 354, paragraph 2, to the organization for collective admini- stration referred to in Article 351, paragraph 1 and the minister competent for culture and the protection of the national heritage, within 3 months from the end of the calendar year for which the remuneration for lending for use is to be paid, shall be the basis for the calculation of the remuneration for lending for use due to specific entities referred to in Article 28, paragraph 5. 2. Based on the information referred to in paragraph 1, the organization for collective administration, referred to in Article 351, paragraph 1, allocates, on pro rata basis, the sum provided for the remuneration for lending for use due to specific 15 entities referred to in Article 28, paragraph 5, and subsequently, not later than by the end of the given calendar year, effects the payment thereof. Art. 354 The minister competent for culture and protection of the national heritage, having consulted the organization for collective administration of copyright or neighbouring rights, associations of authors, organizations in which public libraries are associated and relevant chambers of commerce, shall determine, by way of a regulation: 1) the procedure for the allotment and payment of the remuneration for lending for use, taking into consideration the number of copies of works in the collections of public libraries that were lent for use and the types of the costs referred to in Article 351, paragraph 9, and the need to ensure that those costs are justified and documented, and any expenses are made in an efficient and transparent manner; 2) the scope of the information referred to in Article 353, paragraph 1 and the list of public libraries required to pro- vide such information, taking into account the need to provide an estimate of the number of copies of works in the collections of public libraries that were lent for use in terms of the impact of the geographic criterion, including the size of the towns in which the relevant public libraries operate, on the different values of such number; 3) the required scope of information provided in the statement referred to in Article 352, paragraph 1, taking into account the need to provide the organization for collective administration, referred to in Article 351, paragraph 1, with the data allowing for payment of the remuneration for lending for use, including the name and surname or the pseudonym of the author or the business name of another entity referred to in Article 28, paragraph 5, and the num- ber of the bank account to which such remuneration is to be paid; 4) the required scope of information included in an announcement of a contest referred to in Article 351, paragraph 2, taking into consideration that the minimum scope of such information needs to include at least the terms and con- ditions of contest participation, the deadline for submission of proposals and the terms and conditions of assessment thereof; 5) the scope of contest documentation, taking into account that the scope of such documentation must at least de- termine the terms and conditions of participation in a contest referred to in Article 351, paragraph 2, the require- ments that the proposals must comply with and the terms and conditions of assessment of the proposals; 6) the contest procedure, taking into consideration that it needs to be transparent, reliable and objective. Section 5. Permitted Use of Orphan Works. Art. 355 1. The orphan works shall be: 1) works published in books, daily papers, magazines or other forms of publications in print; 2) audiovisual works, and works that were ordered or included in audiovisual works or fixed on videograms, within the scope of use of the audiovisual works or videograms as a whole; 3) works fixed on phonograms which are found in the collections of the entities referred to in paragraph 2, if the ri- ghtholders holding author's economic rights to those works within the scope of the fields of exploitation referred to in paragraph 2, have not been determined or found, although a search referred to in Article 356 has been conducted. 2. Archives, educational institutions, schools of higher education, research institutes which conduct activities referred to in Article 2, paragraph 3 of the Act of 30 April 2010 on Research Institutes, scientific institutes of the Polish Academy of Sciences conducting activities referred to in Article 50, paragraph 4 of the Act of 30 April 2010 on the Polish Academy of Sciences, libraries and museums, as well as institutes of culture the objectives of which, as stated under statute, include the gathering, protection and dissemination of the collection of film or phonographic heritage, and public radio and television broadcasting organizations may reproduce orphan works which were published or, if they have not been published, first broadcast within the territory of the European Economic Area, and make them publicly available in a manner allowing anyone to access them at a place and time chosen thereby. 3. The use of orphan works pursuant to paragraph 2 is permissible for purposes of the entities referred to in paragraph 2 as stated under their statute which serve the public interest, including specifically preservation, renewal and making available, for cultural and educational purposes, of works which are held in their collections. Such entities may obtain revenues from such use, if they are allocated for the coverage of direct costs of digitalization and making orphan works available to the public. 16 4. Pursuant to paragraph 2, it is also permissible to use orphan works which have not been published or broadcast, if such works, with the consent of the rightholders enjoying author's economic rights to such works within the scope of the fields of exploitation referred to in paragraph 2, have been made publicly available by one of the entities referred to in paragraph 2, provided that it may be assumed that the rightholders would not object against any such use. 5. If there is more than one rightholder enjoying author's economic rights to an orphan work within the fields of exploitation referred to in paragraph 2, such work is considered to be an orphan work with respect to the rights of the rightholders who have not been determined or found regardless of having conducted a search referred to in Article 356. The use of such work pursuant to paragraph 2 is permissible on condition of obtaining consent of the other known and found rightholders enjoying author's economic rights to such work within the scope of the fields of exploitation referred to in paragraph 2. 6. In the case of public radio and television broadcasting organizations the provisions of this Division apply to the works referred to in paragraph 1, subparagraphs 2 and 3 which were created by those organizations, on their request or commis- sion, or co-produced therewith, prior to 1 January 2003, in order that those organizations acquire exclusive rights. 7. Provisions of the first and second sentence of Article 34 and Article 35 shall apply to the use of orphan works pursuant to paragraph 2. Art. 356 1. The entities referred to in Article 355, paragraph 2 shall, prior to the use of a work which may be considered to be an orphan work, carry out in good faith a diligent search for each of the rightholders enjoying author's economic rights to that work within the scope of the fields of exploitation referred to in Article 355, paragraph 2, comprising a check of the information about those rightholders in the sources relevant for the specific work categories, hereinafter referred to as the "diligent search". 2. A diligent search is conducted in a European Union Member State or a Member State of the European Trade Agreement (EFTA) - party to the European Economic Area Agreement in which the work has first been published or, if it has not been published, broadcast for the first time. 3. In case of an audiovisual work the diligent search is conducted in a European Union Member State or a Member State of the European Trade Agreement (EFTA) - party to the European Economic Area Agreement in which the producer has its seat or a place of ordinary stay. 4. In case of the works referred to in Article 355, paragraph 4 the diligent search is conducted in a European Union Member State or a European Free Trade Agreement (EFTA) Member State - a party to the European Economic Area Agreement in which the entity which made the work available to the public has its seat. 5. If, in the course of the diligent search, it became probable that the information on the rightholders referred to in paragraph 1, may be found in countries other than those specified in paragraphs 2 to 4, it is necessary to check such information in the relevant sources in those countries. 6. The entities referred to in Article 355, paragraph 2 may commission the conduct of the diligent search to a third party, including an organization for collective administration of copyright or neighbouring rights. 7. It is considered that a diligent search has been conducted with respect to the works registered as orphan works in the database referred to in Article 357, paragraph 1. 8. The entities referred to in Article 355, paragraph 2 shall keep the documentation confirming the fact that diligent searches have been conducted. 9. The minister competent for culture and protection of the national heritage, having obtained an opinion of an organization for collective administration of copyright or neighbouring rights, associations of authors, artistic performers and producers as well as countrywide organizations associating the entities referred to in Article 355, paragraph 2, will determine, by regulation: 1) the list of sources which must be consulted as part of a diligent search, including at least the sources listed in the Annex to Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain per- mitted uses of orphan works (OJ, L 299, 27.10.2012, p. 5), having regard for the necessity to conduct an accurate diligent search and the availability of information about the rightholders in the specific sources. 17 2) the manner of documenting the information about the results of the diligent search by the entities referred to in Article 355, paragraph 2, taking into account the need to ensure a uniform standard of documenting the diligent se- arch. Art. 357 1. At the request of the entity referred to in Article 355, paragraph 2 submitted prior to the commencement of the use of the orphan work, the minister competent for culture and protection of the national heritage will register such entity in the database of orphan works maintained by the Office for Harmonization in the Internal Market within the framework of the European Observatory on Infringements of Intellectual Property Rights. 2. The minister competent for culture and protection of the national heritage declares, by way of a decision, that the applicant is not one of the entities referred to in Article 355, paragraph 2, who are authorized to use an orphan work. 3. The entities referred to in Article 355, paragraph 2, which are registered in the database referred to in paragraph 1, shall submit to the minister competent for culture and protection of the national heritage and include in that database the information regarding: 1) the results of the diligent searches conducted by those entities; 2) the methods of use of orphan works by those entities; 3) any change in the orphan work status, in compliance with Article 358; 4) their contact data. 4. The requests and information referred to in paragraphs 1 and 3 are transmitted through the IT data transmission system supporting the database referred to in paragraph 1. Art. 358 1. The rightholder who, within the scope of the fields of exploitation referred to in Article 355, paragraph 2, enjoys the author's economic rights to a work considered to be an orphan work, may demand that the entity which registered that work in the database referred to in Article 357, paragraph 1, or the legal successor of that entity, declares that the orphan work status has expired to the extent that the rightholder proves the rights to that work held thereby. 2. It shall no longer be permissible to use an orphan work pursuant to Article 355, paragraph 2 if it is declared that the orphan work status has expired in terms of the rights of a given rightholder and the relevant information is included in the database referred to in Article 357, paragraph 1. 3. If the request of the rightholder referred to in paragraph 1 who has proven his rights to an orphan work is not granted within one month from its service, the admissibility to use such orphan work by the entity to which the request was directed, shall expire on the date on which that deadline expires. 4. If the entity which registered a work in the database referred to in Article 357, paragraph 1 does not exist and there is no legal successor thereof, the rightholder referred to in paragraph 1 may submit the request of declaring the expiry of the status of an orphan work to the extent that such rightholder proves his rights to the work to the minister competent for culture and protection of the national heritage. The refusal to declare expiry of the status of an orphan work is takes place by way of a decision. The provision of paragraph 3 shall not apply. 5. The rightholder referred to in paragraph 1 may demand that the entity referred to in Article 355, paragraph 2, pay a fair compensation for the use of such rightholder's work as an orphan work. The value of compensation accounts for the nature and scope of use of such work, the value of revenues generated pursuant to Article 355, paragraph 3, second sentence, and the damage inflicted upon the rightholder in connection with such use. Art. 359 The provisions of Division 5 shall not apply to the case referred to in Article 8, paragraph 3. Section 6. Certain Manners of Using Out-of-Commerce Works. Art. 3510 18 1. Out-of-commerce works shall be works published in books, daily newspapers, magazines or in other forms of print publications, if those works are not available to commercial end-users with the permit of the rightholders who enjoy author's economic rights to those works within the fields of exploitation referred to in paragraph 2, or in the form of copies put into circulation in the number that satisfies the reasonable needs of the end users, or by way of making them publicly available in such a manner that everyone could access them at the place and time selected thereby. For the purposes of determining accessibility of works, the trading in copies of works with respect to which the right referred to in Article 51, paragraph 3 has been exhausted, is not taken into account. 2. The archives, the educational institutions, and the subjects referred to in Article 7, paragraph 1, subparagraphs 1, 2 and 4 to 8 of the Act of 20 July 2018 – Law on Schools of Higher Education and Science, as well as the cultural institutions may, under a contract entered into with the organization for collective administration of copyright designated by the minister competent for culture and the protection of national heritage, reproduce the works stored in their collections and not available in economic trading, published for the first time in the territory of the Republic of Poland before 24 May 1994 and make them publicly available so that anyone could have access thereto at the place and time of their choice. The provision of Article 355, paragraph 3 shall apply accordingly. 3. The organization for collective administration referred to in paragraph 2 is considered authorized to manage the rights of the rightholders referred to in paragraph 1 who have not granted such power thereto, if a given work has been registered in the list of out-of-commerce works and the rightholders failed to lodge an objection in writing against the administration of their rights by such organization within 90 days from the date of disclosure of the registration. 4. The rightholders referred to in paragraph 1 who did not lodge an objection in accordance with paragraph 3 may, after the time limit provided in that provision, waive the intermediation of the organization for collective administration referred to in paragraph 2 with respect to certain works, by submitting a written statement on expiry of the authorization referred to in paragraph 3, with a three-month notice effective as at the end of a calendar year. Such organization shall immediately notify the minister competent for culture and protection of the national heritage and the entities referred to in paragraph 2 with which it entered into contracts concerning those works of such statement in writing. 5. The provisions of paragraphs 1 to 4 shall not apply to translations into Polish of any works expressed in words which were created in a foreign language. Art. 3511 1. A list of out-of-commerce works will be created in the IT data transmission system, hereinafter referred to as the "list of works. The list of works shall be kept by the minister competent for culture and protection of the national heritage. 2. The list of works includes the following information: 1) the title of the work; 2) the forename and surname or the pseudonym of the author, or an annotation of his anonymity; 3) the publisher of the work; 4) the date of the first publication of the work; 5) the indication of the organization for collective administration of copyright which submitted the application for registration of the work on the list; 6) the information about lodging an objection referred to in Article 3510, paragraph 3 or submission of a statement referred to in Article 3510, paragraph 4, including the date as of which it is effective and the information about with- drawal of such an objection or a statement. 3. The list of works is open and generally available in the official gazette ,,Biuletyn Informacji Publicznej" on the dedicated website of the minister competent for culture and the protection of national heritage. 4. An entry into the list of works shall be made upon application of the organization for collective administration, referred to in Article 3510, paragraph 2. Immediately after receipt of the objection referred to in Article 3510 or a statement referred to in Article 3510, paragraph 4, the organization for collective administration, referred to in Article 3510, paragraph 2, shall submit a request for inclusion of the relevant information in the list of works. 5. If the application for registration in the list of works does not contain all the information referred to in paragraph 2, subparagraphs 1 to 5, the minister competent for culture and protection of the national heritage will request the applicant to supplement the application within no less than 7 days, under pain of the application being returned. 19 6. The minister competent for culture and protection of the national heritage shall determine, by regulation, the standard form of the application for registration in the list of works, taking account of the scope of the information referred to in paragraph 2, and the necessity to make the applications transferred uniform. Art. 3512 1. The organization for collective administration, referred to in Article 3510, paragraph 2 shall be designated by the minister competent for culture and protection of the national heritage for a period of no more than five years, following a contest taking into account the following criteria: 1) representativeness; 2) organizational capacity to determine the availability of the works as referred to in Article 3510, paragraph 1; 3) organizational capacity to effectively pay and settle the remunerations; 4) effectiveness and correctness of operation; 5) reasonable grounds for the planned costs of administration of the rights to out-of-commerce works and the value thereof. 2. The minister competent for culture and protection of the national heritage may, by way of a contest referred to in paragraph 1, designate more than one organization for collective administration of copyright, provided that they act jointly. 3. The minister competent for culture and protection of the national heritage shall announce, in the official gazette Biuletyn Informacji Publicznej, on a website dedicated thereto, the contest specified in paragraph 1 above and the results thereof. 4. The organization for collective administration of copyright which took part in the contest referred to in paragraph 1, may submit an appeal to the minister competent for culture and protection of the national heritage, within 7 days from the date of announcement of the results of the contest, against the results of the contest on the grounds of breach of law. 5. The appeal referred to in paragraph 4 shall be examined by the minister competent for culture and protection of the national heritage within 14 days from the date of receipt of the appeal. If the appeal is granted, the minister competent for culture and protection of the national heritage will declare the contest referred to in paragraph 1 invalid. 6. The minister competent for culture and protection of the national heritage, having consulted the organization for col- lective administration of copyright, shall determine, by way of a regulation: 1) the required scope of the information included in an announcement of a contest referred to in paragraph 1, taking into consideration that the minimum scope of such information needs to include at least the terms and conditions of contest participation, the time limit for submission of proposals and the terms and conditions of assessment thereof; 2) the scope of contest documentation, taking into account that the scope of such documentation must at least de- termine the terms and conditions of participation in a contest referred to in paragraph 1, and the requirements that the proposals must comply with and the terms and conditions of assessment of the proposals; 3) the contest procedure, taking into consideration that it needs to be transparent, reliable and objective; Chapter 4. Term of Author’s Economic Rights. Art. 36 Subject to exceptions provided for in this Act the author's economic rights shall expire after the lapse of seventy years: 1) from the death of the author, and in case of joint works - from the death of the coauthor who has survived the others; 2) in the case of a work the author of which is not known - from the date of the first dissemination, unless the pseu- donym does not raise any doubts as to author's identity or if the author disclosed his/her or her identity; 3) in the case of a work with respect to which the author's economic rights are, under statutory law, enjoyed by a person other than the author - from the date of dissemination of the work and if the work has not been disseminated from the date of establishment thereof; 4) in the case of an audio-visual work - from the death of the last of the following: the main director, the author of screenplay, author of dialogues, composer of music written for the audio-visual work; 5) in the case of a textual and musical work, if the textual work and the musical work were created specifically for a given textual and musical work - from the death of the last of the following: the author of the textual work or the composer of the musical work. 20 Art. 37 If the time of the expiration period of the author’s economic rights starts to run from the dissemination of the work and the work was disseminated in parts, in a series, in fragments or inserts, the time of the period shall run for each of them separately from the date of dissemination of each of the above mentioned parts. Art. 38 Repealed. Art. 39 The term of the author’s economic rights shall be calculated in full years following the year when there occurred the event from which the time started to run within limits specified in Articles 36 and 37. Art. 40 Repealed. 1. Producers or publishers of copies of such literary and musical works, artistic works, photographic and cartographic works which do not benefit from protection of the author’s economic rights, shall be obliged to transfer between 5 to 8 per cent of gross proceeds from the sales of copies of the said works to the Fund referred to in Article 111. That shall apply to editions within the territory of the Republic of Poland. 11. Producers and publishers make the payments referred to in paragraph 1 for quarterly periods no later than by the end of the month following the end of the quarter in which the sale proceeds were generated. If the amount of the payment is not greater than an equivalent of EUR 1,000 denominated in zloties, it shall be possible to make settlements in other regular periods, however not longer than a financial year. 2. The provision of paragraph 1 shall apply respectively to copies of protected works derived from the works which do not benefit from protection of the author’s economic rights. 3. The minister competent for culture and protection of the national heritage shall, by regulation, specify the percentage specified in paragraph 1 above. Chapter 5. Devolution of Author’s Economic Rights. Art. 41 1. Unless the Act states otherwise: 1) the author’s economic rights may devolve upon other persons through succession or by contract, 2) the person who acquires the author’s economic rights may transfer them to other persons, unless the contract provides otherwise. 2. A contract for the transfer of the author’s economic rights or for the use of the work, hereinafter called “the licence'', shall cover the fields of exploitation specified expressly therein. 3. Any provisions of a contract concerning all works or all works of a specific type by the same author to be produced in the future shall be invalid. 4. A contract may provide only for such fields of exploitation which are known at the time of its conclusion. 5. Author of a work used or incorporated in an audiovisual work or a work which is a part of a collective work, after creation of new ways of exploitation of the works, cannot deny his consent for the use of such work in an audiovisual work or a collective work within the fields of exploitation unknown at the time of conclusion of agreement, unless for an important reason. Art. 42 Should the author’s economic rights of one of the coauthors fall to the State Treasury as the statutory heir, that part shall devolve upon the surviving coauthors or their legal successors in proportion to their shares. Art. 43 1. If the contract does not indicate whether the transfer of the author’s economic rights or the granting of licence was free of charge, the author shall have the right to remuneration. 2. If the contract does not specify the author’s remuneration, such remuneration shall be set taking into account the scope of the right granted and the benefits resulting from the use of the work. 21 Art. 44 In the event of gross discrepancy between the remuneration of the author and the benefits of the acquirer of the author’s economic rights or the licensee, the author may request the court for a due increase of his/her remuneration. Art. 45 Unless the contract provides otherwise, the author shall have the right to a separate remuneration for the use of the work within each separate field of exploitation. Art. 46 Unless the contract provides otherwise, the author shall retain his/her exclusive right to permit the exercise of his/ her derivative copyright even though the contract provides for the transfer of all author’s economic rights. Art. 47 If the remuneration of the author depends on the proceeds from the use of his/her work, the author shall have the right to receive information and to have access, as necessary, to the documentation being essential to determine such remuneration. Art. 48 1. If the remuneration of the author was set as a percentage of the selling price of a copy of the work and such price has increased since then, the agreed percentage from copies sold at the higher price shall be due to the author. 2. The unilateral reduction of the selling price before the lapse of one year from starting the dissemination of such work shall not affect the amount of remuneration. The parties may extend such time limit. Art. 49 1. If the contract does not specify the manner of the use of a work, that manner shall comply with the character and purpose of the work and accepted practice. 2. Regardless of having purchased all the author’s economic rights, a legal successor may not, without consent of the author, alter the work in any way unless it is obviously necessary and the author has no justified reason to object to it. This applies respectively to works where the period of protection of the author’s economic rights has terminated. Art. 50 The separate fields of exploitation shall be, in particular: 1) within the scope of fixing and reproduction of works - production of copies of a work with the use of specific technology, including printing, reprographics, magnetic fixing and digital technology; 2) within the scope of trading the original or the copies on which the work was fixed - introduction to trade, len- ding for use or rental of the original or copies; 3) within the scope of dissemination of works in a manner different from defined in subparagraph 2 - public perfor- mance, exhibition, screening, presentation and broadcasting as well as retransmission, and making the work public- ly available in such a manner that anyone could access it at a place and time selected thereby. Art. 51 1. Repealed. 2. Repealed. 3. Introduction to circulation of an original or a copy of a work within the territory of the European Economic Area shall exhaust the right to permit any further circulation of such copy within the territory of the Republic of Poland, except for rental or lending for use thereof. Art. 52 1. Unless the contract provides otherwise, the transfer of ownership of a copy of work shall not result in the devolution of the author’s economic rights to such work. 2. Unless the contract provides otherwise, the transfer of the author’s economic rights shall not result in the transfer of ownership of a copy of the work to the acquirer. 3. The acquirer of an original work shall allow its author such access to the work as necessary for the exercise of copyright. The acquirer of the original may, however, claim due security and remuneration for use to be provided by the author. 22 Art. 53 A contract to transfer the author’s economic rights shall be made in writing under pain of nullity. Art. 54 1. The author shall deliver the work within the time limit specified in the contract, and if such time limit has not been set, immediately after completing the work. 2. If the author has not delivered the work within the set time limit, the ordering party may set a proper additional time limit for the author under pain of renunciation of the contract, and upon the elapse of such time limit, the ordering party may renounce the contract. Art. 55 1. If the ordered work is defective, the ordering party may set a proper additional time limit for the author to correct it, and upon its ineffective elapse, may renounce the contract or claim a decrease of the agreed remuneration, unless such defects are a result of circumstances for which the author is not responsible. The author shall, nevertheless, retain his/her right to receive part of the remuneration not higher than 25 per cent of the contractual remuneration. 2. If the work has legal defects, the ordering party may renounce the contract or to claim the damage to be undone. 3. The claims specified in paragraph 1 shall expire upon acceptance of the work. 4. If within six months after the delivery of the work the ordering party does not inform the author about its acceptance, non- acceptance or conditioning the acceptance on making specific changes within the specific time limit set for this purpose, the work shall be deemed as accepted without reservations. The parties may set another time limit. Art. 56 1. The author may renounce or terminate the contract because of his/her own fundamental interests. 2. If within two years from the renunciation or termination specified in paragraph 1 above the author intends to start using the work, he/she shall be obliged to offer such use to the purchaser or the licensee and to set for him a proper time limit for that purpose. 3. If the author renounces or terminates the contract after the work has been accepted, the other party may make that renunciation or termination dependent upon securing the costs incurred by it as a result of the contract. However, the reimbursement of costs may not be claimed if the discontinuation of dissemination has resulted from circumstances for which the author is not responsible. 4. The provision of paragraph 1 above shall not apply to architectural works and architectural and town planning works, audiovisual works and works ordered within the scope of their exploitation in audiovisual work. Art. 57 1. If the acquirer of the author’s economic rights or the licensee who has undertaken to disseminate the work does not start the dissemination within the agreed time limit or if there is no agreed time limit, the author may renounce or terminate the contract within two years from the acceptance of the work and may claim the damage to be repaired after the elapse of an additional time limit, not shorter than six months. 2. 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 double remuneration with respect to the remuneration specified in the contract for dissemination of the work instead of repairing the damage incurred unless the licence is nonexclusive. 3. Provisions of paragraphs 1 and 2 above shall not apply to architectural and architectural and town planning works. Art. 58 If the work is made available to the public in an unsuitable form or with changes to which the author may rightfully object, the author may renounce or terminate the contract after the ineffective summon to stop the infringement. The author shall have the right to remuneration specified in the contract. Art. 59 If this Act does not provide otherwise, each of the parties renouncing or terminating the contract may request from the other party the return of everything it received under the contract. 23 Art. 60 1. The user of the work shall allow the author to exercise an author’s control prior to starting the dissemination of the work. If necessary changes in the work are made in connection with the control and such changes are a result of circumstances beyond the author’s power to decide on them, the costs of their introduction shall be covered by the acquirer of the author’s economic rights or the licensee. 2. If the author has not exercised the author’s control within the specified time limit it shall be presumed that he/she has consented to the dissemination of the work. 3. Unless this Act or the contract provides otherwise, the author shall not have the right to additional remuneration for his/her control. 4. The authors of artistic works shall have the right to exercise the author’s control for consideration. 5. The exercise of an author’s control of architectural works and architectural and town planning works shall be regulated by separate provisions of law. Art. 61 Unless the contract provides otherwise, acquisition of a copy of an architectural design or architectural and town planning design from the author shall entitle the acquirer to use it for a single construction only. Art. 62 1. The author may include works in a collective publication of his/her works for the publication of which a separate contract has been concluded. 2. Unless provided otherwise, the contract for the collective publication of works shall not include the right to publish particular works. Art. 63 If the contract covers the preparation of copies which are to be made available to the public, the author shall receive author’s copies number of which has been set in the contract. Art. 64 Unless provided otherwise, a contract transferring the author’s economic rights, shall transfer to the acquirer, upon acceptance of the work, the right to the exclusive use of the work within the field of exploitation specified in the contract. Art. 65 If there is no clear provision regarding the transfer of copyright it is deemed that the author has granted a licence. Art. 66 1. Unless provided otherwise, a contract of licence shall authorize the use of the work for five year

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