Keith Mack
Polish copyright law is a complex area, with a long history dating back to the early 20th century. The current Polish copyright law is regulated by the act from 1994, but there have been various amendments and updates over the years. Polish law covers a range of acts considered offences, including usurping authorship, reproducing copyrighted material without approval, and manufacturing devices to circumvent copyright protection. The law also provides for remedies and compensation in cases of copyright infringement, including double or triple remuneration. With specific rules for hosting service providers and online content, Poland's approach to copyright infringement and case law is an important topic to understand.
| Characteristics | Values |
|---|---|
| First Polish copyright law act | 1926 |
| Current Polish copyright law | 4 February 1994 |
| Secondary liability for indirect copyright infringement | Covered by article 422 of the Polish Civil Code |
| Criminal copyright provisions | Yes |
| Offences | Usurping authorship; dissemination, fixation and reproducing of copyright-protected items without approval; manufacturing devices or components for the purpose of removal or circumvention of technological measures protecting copyrights |
| Hosting service provider liability | Exempt if they do not know of the infringing character of the data stored and act to disable access upon receipt of administrative notice |
| Artistic performer's rights | Shall not infringe the copyright in the performed work |
| Compensation for copyright infringement | Double or triple the amount of respective remuneration that would have been due |
| Exceptions and limitations | Incidental and temporary reproduction, private use, news reporting, education and scientific research, exceptions for libraries and archives, quotation, exceptions for information and documentation institutions, religious, school, academic or State ceremonies, parody exception, unintentional use, exhibition of works of art by the owner of the material copy, exceptions for disabled persons, public order, administrative and judicial procedures, public exhibition or public sale of works for promotional and sale purposes, use of orphan works |
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What You'll Learn
Polish law on copyright infringement
The first Polish copyright law act was enacted in 1926, although copyright issues had been regulated in partitioned Poland in the 19th century by the governments of the German Empire, the Russian Empire, and Austro-Hungary. The main acts that have regulated Polish copyright law include:
- Polish Copyright Law from 1926 (Polish original, amended version from 1935)
- Polish Copyright Law from 1926 (Polish original, amended in 1952)
- Polish Copyright Law from February 4, 1994
Polish copyright law complies to a large extent with European Union legislation. According to the Polish Copyright Law of February 4, 1994, "governmental symbols, documents, materials, and signs are not subject to copyrights." However, the use of these images in Poland may be regulated by other laws.
Polish law considers the following acts to be offences:
- Usurping authorship
- Dissemination, fixation, and reproduction of copyright-protected items without approval
- Accepting or concealing such objects for economic benefits
- Manufacturing devices or their components for the purpose of removing or circumventing technological measures protecting copyrights or trading such devices
- Prevention or hindering of the exercise of the right to monitor the use of copyright-protected items
These offences are subject to fines, restriction of personal liberty, or imprisonment for up to three years. Most of these offences are prosecuted solely at the request of the aggrieved party.
Secondary liability for indirect copyright infringement exists in Polish law and is covered by Article 422 of the Polish Civil Code. Three categories of indirect infringers are liable:
- Persons who incite the direct infringer
- Persons who aid another person to cause damage
- Persons who knowingly take advantage of damage caused by another person
The liability of indirect infringers is generally the same as that of direct infringers, although some remedies may not be available (mostly non-monetary remedies). Remedies available against a copyright infringer vary depending on the kind of rights infringed – the author's personal rights and economic copyrights.
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Criminal provisions for copyright infringement
Criminal copyright infringement laws vary across different jurisdictions. In the United States, the principal criminal statute protecting copyrighted works is 17 U.S.C. § 506(a), which states that "any person who infringes a copyright willfully and for purposes of commercial advantage or private financial gain" shall be punished as provided in 18 U.S.C. § 2319.
To establish criminal liability, the prosecutor must demonstrate four essential elements:
- Ownership of a valid copyright
- Violation of one or more of the copyright holder's exclusive rights
- Willful infringement
- For purposes of commercial advantage or financial gain, with a total retail value of more than $1,000 during a 180-day period
The penalties for criminal copyright infringement in the United States can include imprisonment, fines, or both. Defendants convicted of criminal copyright infringement under 18 U.S.C. § 2319(b)(1) may face up to 10 years in prison, a $250,000 fine, or a combination of both. Misdemeanants, on the other hand, can be sentenced to a maximum of one year in prison and a maximum fine of $100,000.
Other countries have also implemented criminal penalties for copyright infringement. For example, Germany has passed a bill limiting the fine for individuals accused of sharing movies and series to €800–900. Canada's Copyright Modernization Act sets statutory damages for non-commercial copyright infringement at C$5,000, but only for "bootleg distribution."
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Remedies for copyright infringement
Monetary Damages
Under federal copyright law, the prevailing plaintiff may recover both their actual damages and the defendant's profits to the extent that those profits were not already taken into account in computing the actual damages. The primary measure of recovery of actual damages is based on the extent to which the market value of the copyrighted work has been injured. If a plaintiff believes that they will have great difficulty demonstrating the proper amount for actual damages, or if the amount of actual damages is low, they may instead elect to pursue statutory damages. Section 504(c) of the Copyright Act states that plaintiffs are entitled to an amount between $750 and $30,000 for each act of infringement. The specific amount to be recovered for each case will be determined by the court's discretion.
Injunction
A preliminary injunction can be sought early in the case to restrain copying during the lawsuit. Most times, if the preliminary injunction is granted, the party seeking the injunction will have to post a bond or security for possible damages to the enjoined party if it is determined, after a full trial, that the preliminary injunction was granted in error. The preliminary injunction can turn into a permanent injunction once the lawsuit is terminated, and copyright infringement is found by the court. To obtain a permanent injunction, the plaintiff must demonstrate that:
- They have suffered an irreparable injury
- Monetary damages are insufficient to compensate for the injury
- An equitable remedy is warranted considering the balance of hardships between the plaintiff and defendant
- The public interest would not be disserved by a permanent injunction
Criminal Sanctions
If an infringement is willful and "for purposes of commercial advantage or private financial gain," or the infringement involves the willful reproduction or distribution of multiple copies with a value of more than $1,000 during a 180-day period, then the alleged infringer may be indicted by a federal grand jury and tried for criminal copyright infringement. If found guilty, the infringer may be imprisoned for up to five years and fined up to $250,000. The Copyright Claims Board (CCB) is a voluntary alternative to federal court for resolving certain types of small copyright disputes. Criminal penalties are not available at the CCB, and only a limited set of civil remedies for copyright infringement may be awarded. The CCB can award monetary damages to the prevailing party, with a limit of $30,000 per case.
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Copyright infringement in case law
The concept of copyright infringement in case law is an important aspect of intellectual property protection. In Poland, copyright infringement is governed by specific legislation and case law precedents. Here is an overview of the key considerations regarding copyright infringement in Polish case law:
Polish copyright law has evolved over the years, with the first act enacted in 1926 and subsequent amendments made in 1935, 1952, and the most recent comprehensive legislation in 1994. This legislation complies with European Union directives, given Poland's membership in the EU. The 1994 act regulates various aspects of copyright, including protection, enforcement, and remedies for infringement.
Polish law defines specific acts as copyright infringement offences, including usurping authorship, unauthorised dissemination, fixation, and reproduction of copyrighted works, as well as manufacturing devices to circumvent technological measures protecting copyrights. These offences carry penalties such as fines, restriction of personal liberty, or imprisonment for up to three years.
In the context of online infringement, the Act of 18 July 2002 on Rendering Electronic Services addresses specific liabilities, remedies, and defences. Additionally, the liability of online content-sharing service providers is addressed in the Directive (EU) 2019/790 on Copyright in the Digital Single Market. This directive is expected to be implemented in Poland, which will change the liability framework for these providers.
Polish law also recognises secondary liability for indirect copyright infringement, as outlined in Article 422 of the Polish Civil Code. This provision covers individuals who incite or aid direct infringers, as well as those who knowingly take advantage of damage caused by another person. The remedies available to copyright holders vary depending on the type of rights infringed, including the author's personal rights and economic copyrights.
In terms of compensation for copyright infringement, the Polish Constitutional Tribunal has ruled that double remuneration is an acceptable form of compensation, as per Article 79(1)(3)(b) of the Copyright and Related Rights Act. This ruling allows the entity whose copyright has been infringed to demand payment equal to double the amount of remuneration that would have been due, without necessarily proving the actual extent of the damage suffered.
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Limitations and exceptions to Polish copyright law
Polish copyright law has been regulated by several acts since 1926. The current act, from 1994, complies with European Union legislation. Here are the limitations and exceptions to Polish copyright law:
Limitations
According to Article 3 of the 1926 Act (valid until 1952) and Article 2 of the 1952 Act, photographs by Polish photographers or those published in Poland without a clear copyright notice before the law changed in 1994 are in the public domain. This status did not change with the 1994 Act. Additionally, Article 4, Case 2 of the 1994 Act states that "governmental symbols, documents, materials, and signs are not subject to copyrights". However, their use may be regulated by other laws.
Exceptions
Article 33, Point 1 of the 1994 Act allows the propagation of works permanently exhibited in public spaces, such as roads, streets, squares, or gardens, provided that the propagation is not for the same use. This is known as the freedom of panorama and is guaranteed by Article 33(1) of the Act on Copyright and Related Rights. The name of the creator and source should be provided if possible, and this use is royalty-free as long as it does not harm the legitimate interests of the creator.
Other Considerations
Polish law also considers the following acts as offences, subject to fines, restriction of personal liberty, or imprisonment:
- Usurping authorship
- Disseminating, fixing, or reproducing copyright-protected items without approval
- Accepting or concealing such items for economic benefit
- Manufacturing devices or components to remove or circumvent technological measures protecting copyrights
- Preventing or hindering the exercise of the right to monitor the use of copyright-protected items
Additionally, Polish law recognises secondary liability for indirect copyright infringement, as covered by Article 422 of the Polish Civil Code. This includes persons who incite or aid the direct infringer and those who knowingly take advantage of the damage caused.
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Frequently asked questions
Polish law considers the following acts as copyright infringement:
- Usurping authorship
- Dissemination, fixation and reproducing of copyright-protected items without approval
- Accepting or concealing such objects for economic benefits
- Manufacturing devices or their components for the purpose of removing or circumventing technological measures protecting copyrights
- Trade of such devices
- Prevention or hindering of the exercise of the right to monitor the use of copyright-protected items
Offenders of copyright infringement in Poland are subject to fines, restriction of personal liberty or imprisonment for up to three years.
Yes, the Polish Constitutional Tribunal has ruled that compensation for copyright infringement can be claimed in the form of double remuneration, without the need to prove the damage. This is in accordance with Article 79(1)(3)(b) of the Copyright and Related Rights Act.
Yes, there are certain exceptions and limitations to copyright infringement in Poland, including:
- Incidental and temporary reproduction
- Private use
- News reporting
- Education and scientific research
- Libraries and archives
- Quotation
- Information and documentation institutions
- Religious, school, academic or state ceremonies
- Parody exception
- Unintentional use
- Exhibition of works of art by the owner of the material copy
- Public order
- Administrative and judicial procedures
- Public exhibition or public sale of works for promotional and sales purposes
- Use of orphan works
No, citing case law is not considered copyright infringement in Poland. However, it is important to ensure that you are following the proper guidelines and providing any necessary attributions or credits when citing case law or other copyrighted materials.
