WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/1/POL/C/l 
23 January 1998 
(98-0256) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Poland 
The present document reproduces the Act of 4 February 1994 on Copyright and Neighbouring 
Rights 1 , as notified by Poland under Article 63.2 of the Agreement (see document 
IP/N/1/POL/1/Rev.1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Pologne 
Le present document contient le texte de la loi du 4 fevrier 1994 sur le droit d'auteur et 1es 
droits voisinsl, notifiee par la Pologne au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/POL/1/Rev.1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
Polonia 
En el presente documento se reproduce la Ley de Derecho de Autor y Derechos Conexos, de 
4 de febrero de 19941, notificada por Polonia en virtud de 10 dispuesto en el parrafo 2 del articulo 63 
del Acuerdo (vease el documento IP/N/1/POL/1/Rev.1). 
IEnglish only/anglais seulement/en ingles solamente. IP/N/1/POL/C/l 
Page 2 
ACT 
of 4 February 1994 
ON COPYRIGHT AND NEIGHBOURING RIGHTS 
(Dziennik Ustaw 1994, No. 24, item ,83) 
Chapter 1. The Subject Matter of Copyright 
Article 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 cartographic works and 
computer programs) , 
2) artistic wo'rks, 
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 
pantomime works, 
9) audiovisual (including visual and audio) works. 
3. The work shall be copyrighted since it has been established, 
even though its form is incomplete. IPINIl/POLlCI 1 
Page 3 
4. The author shall enjoy copyright protection irrespective of 
complying with any formalities. 
Article 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 original work. 
2. The disposal and use of the derivative work shall depend on 
permission of the author of the original work (derivative copy­
right) unless the author's economic rights to the original work 
have expired. 
3. The author of the original work may withdraw his permis­
sion. 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. 
Article 3 
Collections, anthologies, selections, and. data bases shall be 
covered by copyright even though they contain unprotected mate­
rials, if their selection, arrangement or composition are creative 
without detriment to the rights of the used works. 
Article 4 
The copyright shall not cover: 
1) legislative acts and their official drafts, 
2) official documents, materia"Is, logos and symbols, 
:r'l ptlhlic.;hect patent 'pccificati011' ::md induqrial de<\ign "pecifi­
cations, 
4) simple press information. 
Article 5 
The provisions of this Act shall apply to works: 
1) whose author or coauthor is a Polish citizen, or IP/N/l/POLlC/1 
Page 4 
2) which have been published for the first time within the 
territory of the Republic of Poland or simultaneously within such 
territory and abroad, or , 
3) which have been published for the first time in Polish, or 
4) whose protection' is provided for by international agree­
ments. 
Article 6 
Whenever this Act mentions: 
1) published work, it shall mean a work which, with a permis­
sion 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 per­
mission of its author, has been made available to the public. 
Article 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 
Article 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. IPINIl/POLlCll 
Page 5 
3. In order to exercise his copyright the author, as long as he 
does not disclose his authorship' , shall be represented by the 
producer or the publisher and in the absence thereof -by the 
competent organization for collective administration of copyright. 
Article 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 contribution of creative work. 
2. Each of the coauthors may exercise his copyright with re­
spect to his autonomOllS 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 re­
spective provisions of the Civil Code on the coownership of frac­
tional parts. 
Article 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. 
Article 11 
The producer or publisher shall have author's economic rights 
in a collective work and in particular the rights in encyclopaedias IPINIl/POLlCI 1 
Page 6 
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. 
Article 12 
t. If this Act or a contract of employment does not state oth­
erwise, the employer, whose employee has created a work within 
the scope of his duties resulting from the employment relation­
ship, shall, upon acceptance of the work, acquire the author's eco­
nomic rights within the limits resulting from the purpose of the 
employment contract and the unanimous 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 disseminated 
under such contract of employment, the author may fix in writing 
a time limit for the employer to disseminate the work with the ef­
fect that upon its expiry, the rights acquired by the employer to­
gether with the ownership of the object in which the work has 
been fixed shall return to the author, unless the contract states 
otherwise. The part£es may agree upon another time limit for 
starting the dissen1ination 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. 
Article 13 
If, within six months from delivery of the work, the employer 
fails to notify the author of its accepting, rejecting or 
conditioning 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. 
Article 14 
l. Unless the contract of employment states otherwise, the re­
search institutions shall have the priority in publishing a IP/N/l/POLlC/1 
Page 7 
scientific work when its employee created such work as a result 
of performing his 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 de­
livery 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 para­
graph 1 and may make the material accessible to the third parties 
if :it r.esults from the agreed designation of the work or has been 
provided for in the contract. 
Article IS 
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 announced to the public in any other 
manner in connection with the dissemination of the work. 
Chapter 3. The Content of Copyright 
Division 1. Author's Moral Rights 
Article 16 
Unless this Act states otherwise, the moral rights shall protect 
the link between the author and his work which is unlimited in 
time and independent of any waiver or transfer, and, in particular, 
the right: 
11 to he an auth0r 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, IP/N/1/POLlC/l 
Page 8 
4) to decide about making the work available to the pu bUc for 
the first time, 
5) to control the manner of using the work. 
Division 2. Author's Economic Rights 
Article 17 
Unless lhi~ Act !)latcs otherwise, the author shall have an ex­
clusive 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. 
Article 18 
1. The author's economic rights shall not be subject to execu­
tion as long as they serve the author . The above shall not apply 
to executable claims. 
2. After the author's death his 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 specified in article 20, para­
graph 2, article 30, paragraph 2 and in article 70, paragraph 3 
shall not be subject to waiver, transfer or execution. The above 
shall not '1-pply to executable claims. 
Article 19 
1. The author and his heirs shall have the right to remuneration 
in the amount of 5 per cent of the price of professionally per­
formed sales of original copies of the artistic work or manuscripts 
of literary and musical works-. The seller shall be liable to pay 
the remuneration and when he acts on behalf of a third person, he 
shall be liable jointly and severally with the latter. 
2. The seller shall be obliged to disclose the third person 
specified in paragraph 1 above. He may be released from such 
duty through payment of the due remuneration. 
3. The waiver of the remuneration specified in paragraph 1 
shall be invalid unless it concerns an executable claim. Article 20 IP/N/1/POLlC/l 
Page 9 
1. Manufacturers and importers of cassette recorders, video re­
corders and other similar devices, blank carriers used for record­
ing works with the help of the above devices for the own 
purposes of personal use, and of reprographic devices, shall be 
obliged to pay fees to the benefit of the authors, artist performers 
and producers of ph ono grams and videograms, in the amount not 
higher than 3 per cent of the amount due under the title of sale of 
such devices and carriers . 
2. From the amount of the fees specified in paragraph 1 above 
the following part thereof shall be due to: 
1) the authors -50 per cent, 
2) artistic performers -25 per cent, 
3) phonogram and videogram producers -25 per cent, 
provided, however, that in case of reprographic devices the said 
amount shall be 100 per cent payable to the authors. 
3. The Minister of Culture and Art, after having considered the 
opinion of the competent organizations for collective administra­
tion of copyright and neighbouring rights, associations of authors, 
artistic performers and producers or importers of the devices and 
blank carriers specified in paragraph 1 above, shall, by a regula­
tion, fix the fees specified in paragraph 1, the detailed principles 
of their collection and remittance, and shall indicate an organiza­
tion for collective administration of copyright and neighbouring 
rights competent to collect them. 
Article 21 
1. Public radio and television broadcasting organizations shall 
be allowed to broadcast published works which are not feature 
fi I m 1\ • f cat u res e r i e sin cl us i \' c. Ho I d c r 1\ 0 f rig h t sin S II ch\\' 0 r k 1\ 
have the right to remuneration . 
2. Radio and television broadcasting organizations other than 
those specified in paragraph 1, shall be allowed to broadcast pub­
lished minor textual works, musical works, textual and musical 
works under contracts made through respective organizations for IP/NIl/POLlCI 1 
Page 10 
collective administration of copyright and neighbouring rights. 
The author, however, may present such prganizations with a writ­
ten declaration, under pain of nullity, that they will make 
personal decisions concerning the broadcast of their published 
works. 
Article 22 
1. Radio and television broadcasting organizations .shall be 
allowed, for their own broadcasting purposes, to fix the works by 
recording for the broadcast of which they have previously 
received a permission . 
2. The fixations of the works specified in paragraph 1 should 
be destroyed within one month from the broadcasting of the work. 
3. Provision of paragraph 2 shall not apply to the fixations 
which are made for broadcasting purposes and are exclusively 
documentary by nature, if they are placed in the archives. The 
author must be immediately informed of the placement of the 
fixation of his work in such archives. 
Division 3. Permissible Use of Protected Works 
Article 23 
1. It shall be permitted to use free of charge the work having 
been already disseminated for personal purposes22 without the 
permission of the author. This provision does not authorize to 
build constructions according to other authors' works in the field 
of architecture and architecture and town planning. 
2. The scope of the personal use shall include the circle of 
people remaining in personal relationship and in particular fam­
ily relations, kinship or social relationship. 
Article 24 
1. It shall be permitted to disseminate through a group antenna 
or cable network the works broadcasted by another radio or tele­
vision broadcasting organization through satellite, air or cable 
networks if it is done within the framework of concurrent, 
integral and free dissemination of radio and television programs 
and is designed for a specific group of receivers living in either a IP/N/l/POLlell 
Page 11 
single apartment building or single family houses including up to 
50 households. 
2. Owners of devices used for receiving sounds or sounds and 
images may receive by means of such devices broadcasted works 
even if such devices are located in a public place, provided that it 
is not connected with the obtaining of material benefits. 
3. Subject to the provision of paragraph 1 above, cable 
network operators shall be allowed to disseminate the works 
broadcasted by other radio and television broadcasting 
organizations available in a given area if the dissemination 
through cable networks is concurrent and integral with the 
primary broadcast. Holders of rights in the work shall have the 
right to remuneration. 
Article 25 
1. It shall be permitted, for informative purposes, to broadcast 
through the press, radio and television the materials: 
1) having been already broadcast: 
a) reports on current events, 
b) current articles and statements on political, economIC and 
social issues, 
c) current reporter's photographs, 
2) short excerpts from reports, articles and statements, specI­
fied in subparagraph 1 letters a) and b), 
3) reviews of publications and disseminated works, 
4) speeches delivered at public meetings and proceedings; this, 
however, shall not authorize to publish collections of speeches of 
a single person, 
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 I letters b) 
and c) above. 
3. Dissemination of the works specified in paragraph I shall be 
allowed both in the original and in translation thereof. IP/N/l/POLlC/1 
Page 12 
Article 26 
It shall be permitted to quote, in the reports of current events, 
fragments of works performed during such events, within, how­
ever, the limits justified for information purposes. 
Article 27 
Research and education:ll institutions shall be allowed, for 
teaching purposes or in order to conduct their own research, to 
use published works in original and in translation, and to make 
copies of fragments from the published work for the same 
purpose. 
Article 28 
Libraries, archives and schools shall be allowed: 
1) to provide free access to copies of published works within 
the scope of their statutory objectives, 
2) to make or order preparation of single copies of published 
works, unavailable on the market in order to supplement and/or 
protect their collections and to provide free access to them. 
Article 29 
1. It shall be permitted to quote, in works constituting an inde­
pendent 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. 
3. In the events specified in paragraph 2 above the author shall 
have the right to remuneration. 
Article 30 
1. The centres of research and technical information and docu­
mentation may prepare and disseminate their own documentation 
studies and single copies, not larger than one publishing sheet 
of excerpts of the published works. IPINIl/POLlel 1 
Page 13 
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. 
Article 31 
It shall be permitted to perform for the public the literary 
works, musical works, textual and musical works having been 
published if it is not connected with any material benefits. That 
concerns in particular occasional live performances connected 
with religious practice, State and school ceremonies and events 
accessible to the public, however except for advertising, 
promotion and election events . 
Article 32 
1. The owner of a copy of the artistic work may exhibit it pub­
licly 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 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. 
Article 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) the works exhibited in commonly accessible public collec­
tions such as museums, galleries, and exhibition halls, though 
only in catalogues and printed publications for promotion of such IP/NI1/POLlCI 1 
Page 14 
works and also in press and television current event reports 
within the limits justified by information purposes, 
3) in encyclopaedias and atlases -printed artistic and photo­
graphic works if it is difficult to get into contact with the author. 
In such case, the author shall have the right to remuneration. 
Article 34 
It shall be permitted to use the works, within the limits of per­
missible use, on the condition that the author and the source have 
been named. The authors shall not have the right to remuneration 
unless this Act provides otherwise. 
Article 35 
The permissible use must not infringe the normal use of the 
work or violate the rightful interests of the author. 
Chapter 4. Term of Author's Economic Rights 
Article 36 
Subject to exceptions provided for in this Act the author's eco­
non1ic rights shall expire after the lapse of fifty years: 
1) from the death of the author, and in case of joint works -
fron1 the death of the coauthor who has survived the others, 
2) if the author is not known -from the first publication, and 
if the work has not been published -from the time of its estab­
lishment, unless the name of the author has been disclosed with 
his consent prior to that time limit, 
3) from the first publication if under this Act a person other 
than the author owns the author's economic rights, and if the work 
has not been published -from the time of its establishment. 
Article 37 
If the time of the expiration period of author's economic rights 
starts to run from the publication of the work and the work was 
published in parts, the time of the period shall run from the publi­
cation of the last part. If, however, the different parts can exist IP/N/l/POLle/1 
Page 15 
independently, the time of the period shall run for each of them 
separately. 
Article 38 
The period of validity of author's economic rights to the work 
published for the first tim~ during the last ten years of its protec­
tion, shall be extended by another ten years. 
Article 39 
The period of validity of author's economic rights shall be 
calculated in full years following the year when there occured the 
event from which the time started to run within limits specified in 
articles 36 to 38. 
Article 40 
1. Producers or publishers of copies of such literary and musi­
cal works, artistic works. photographic and cartographic works 
whose protection period of author's economic rights has elapsed- , 
shall be obliged to transfer 5 to 8 per cent of gross revenues from 
the sales of copies of the ~aid works to the Fund referred to in ar­
ticle 111. That shall apply to publications within the territory of 
the Republic of Poland. 
2. The provision of par~lgraph 1 above shall apply respectively 
to copies of protected works derived from the works whose pro­
tection period of author's economic rights has elapsed. 
3. The Minister of Culture and Art shall, by a regulation, spec­
ify the percentage specified in paragraph 1 above. 
Chapter 5. Devolution of Author's Economic Rights 
Article 41 
1. unlL:~~ the Act ~tatt:~ vlhcrwi!>e: 
1) author's economic rights may devolve upon other persons 
through inheritance or by contract, 
2) the person who acquires author's economic rights may trans­
fer them to other persons, unless the contract provides otherwise. IPINIl/POLlCI 1 
Page 16 
2. A contract for the transfer of author's economic rights or for 
the use of the work, hereinafter called tithe licence", shall cover 
the fields of exploitation specified expressly therein. 
3. Any provisions of an agreement 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 field, ()f exploitation 
of use which are known at the time of its conclusion . 
Article 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 shares32• 
Article 43 
1. If the contract does not indicate whether the transfer of 
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 llse of the 
work. 
Article 44 
In the event of gross discrepancy between the remuneration of 
the author and the benefits of the acquirer of author's economic 
rights or the licensee, the author may request the court for a due 
increase of his remuneration . 
Article 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. 
Article 46 
Unless the contract provides otherwise, the author shall retain 
his exclusive right to permit the exercise of his derivative copy-IPINIl/POLlCI 1 
Page 17 
right even though the contract provides for the transfer of all 
author's economic rights. 
Article 47 
If the remuneration of the author depends Ort the revenues from 
the use of his work, the author shall have the right to receive in­
formation and to have access, as necessary, to the documentation 
being essential to determine such remuneration. 
Article 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 in­
creased since then, the author shall have the right to the agreed 
percentage from copies sold at the higher price. 
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. 
Article 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 respec­
tively to works where the period of protection of author's eco­
nomic rights has terminated- . 
Article 50 
Th~ :'I~paral~ fields of th~ ~Aploitation :>h.tll bt:, in particular: 
1) fixation, 
2) reproduction through a special technique, 
3) putting into circulation, 
4) entry to computer memory, 
5) public performance or public exhibition, IP/N/1/POLlC/l 
Page 18 
6) exhibition, 
7) screen showing, 
8) leasing, 
9) renting, 
10) ground station broadcasti ng through cable video or audio, 
or wireless video or audio, 
11) satellite broadcasting, 
12) simultaneous and integral broadcasting of work broad­
casted by another radio or television broadcasting organization . 
Article 51'" . 
1. The putting into ~irculation shall be deemed the transfer of 
ownership of a copy of the work made by the authorized person 
or another disposal of the copy made upon his permission. 
2. Upon putting into circulation, the further circulation of cop­
ies of the work, subject to provision of article 50 subparagraphs 8 
and 9 above, shall not infringe the copyright. 
3. The importation of copies put into circulation within the 
territory of the state with which the Republic of Poland has con­
cluded an agreement on the establishment of a free trade zone 
shall not constitute an infringement of author's economic rights. 
Article 52 
1. Unless the contract provides otherwise, the transfer of own­
ership of a copy of work shall not result in the devolution of 
author's economic rights to such work. 
2. Unless the contract provides otherwise, the transfer of 
author's economic rights shall not result in the transfer of owner­
ship 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 re­
muneration for use to be provided by the author. Article 53 IP/N/1/POLlC/l 
Page 19 
A contract to transfer author's economIC rights shall be made 
in writing under pain of nullity· . 
Article 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 expiry of such time limit, the ordering party may renounce the 
contract. 
Article 55 
1. If the ordered work is defective, the ordering party may set 
a proper addi tional time limit for the author to correct it, and 
upon its expiry, 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 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 re­
nounce the contract or to clailTI the damage to be undone. 
3. The claims specified in paragraph 1 shall expire upon accep­
tance 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 par­
ties may set another time limit. 
Article 56 
1. The author may renounce or terminate the contract because 
of his own fundamental interests . IP/N/1/POLlC/l 
Page 20 
2. If within two years from the renunciation or termination 
specified in paragraph 1 above the author intends to start using 
the work, he shall be obliged to offer such use to the purchaser or 
the licensee and to set for him a proper time limit for that pur­
pose' . 
3. If the author renounces or terminates the contract after the 
work has been accepted. the other party may make that renuncia­
tion 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 re­
sulted from circumstances for which the author is not responsible. 
4. The provision of paragraph 1 above shall not apply to archi­
tectural works and architectural and town planning works, audio­
visual works and works ordered within the scope of their exploi­
tation in audiovisual work. 
Article 57 
1. If the acquIrer of 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 \vork and may claim 
the damage to be repaired after the expiry 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 re­
spect to the remuneration specified in the contract for dissemina­
tion of the work instead of repairing damages incurred unless the 
licence is nonexcl usive . 
3. Provisions of paragraphs 1 and 2 above shall not apply to 
architectural and architectural and town planning works. 
Article 58 
If the work is made available to the public in an unsuitable 
form or with changes to which the author may rightfully object, IP/NIl/POL/CI 1 
Page 21 
the author may renounce or terminate the contract after the inef­
fective summon to stop the infringement. The author shall have 
the right to remuneration specified in the contract. 
Article 59 
If this Act does not provide otherwise, each of the parties re­
nouncing or terminating the contract may request from the other 
party the return of everything it received under the contract -. 
Article 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 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 
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' . 
.-\ rt i cl t: 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. lP/N/l/POLlell 
Page 22 
Article 62 
1. The author may include works in a collective publication of 
his works for the publication of which a separate contract has 
been concluded. 
2. Unless provided otherwise, the contract for the collective 
publication ()f works shall not include the right to publish particu­
lar works. 
Article 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. 
Article 64 
Unless provided otherwise, a contract transferring 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. 
Article 65 
If there is no clear provision regarding the transfer of 
copyright it is deemed that the author has granted a licence. 
Article 66 
1. Unless provided otherwise, a contract of licence shall 
authorize the use of the work for five years within the territory of 
the state in which the licensee has its seat. 
2. After the time limit specified in paragraph 1 the right re­
ceived under the contract of licence shall expire. 
Article 67 
1. The author may grant his authorization to use his work 
within the fields of exploitation specified in the contract and state 
the scope, territory and tilne of such use. 
2. Unless the contract reserves the exclusive use of the work in 
a specific manner (exclusive licence), the licence shall not IP/N/1/POL/C/l 
Page 23 
preclude the author's authorizing other persons to use the work 
within the same field of exploitation (nonexclusive licence). 
3. Unless the contract provides otherwise, the licencee may not 
authorize any other person to use the work even if it is within the 
stope of the licence received. 
4. Unless the contract provides otherwise, rightholder under an 
exclusive licence may, within the scope covered by the licence 
contract, lay claims for the infringement of author's economic 
rights . 
5. The exclusive licence contract shall be in writing under pain 
of nullity. 
Article 68 
1. Unless the contract provides otherwise and the licence has 
been granted for an indefinite time, the author may terminate it 
keeping the contractual time limits, and if such have not been 
agreed, one year in advance at the end of the calendar year. 
2. The licence granted for longer than five years shall be 
deemed, after a lapse of that period, as granted for an indefinite 
time . 
Chapter 6. Special Provisions on Audiovisual Works{ 
Article 69 
Coauthors of audiovisual work shall be persons who made a 
creative contribution to its completion, and in particular: the di­
rector, the author of the adaptation of a literary work, the author 
of musical works or textual and musical works created for the 
audiovisual work and the author of the screenplay. 
Article 70 
1. The author's economic rights to an audiovisual work shall be 
held by the producer· . Rights of authors of works which may ex­
ist independently, may not be exercised to the detriment of the 
producer or the other authors. . IP/N/l/POLle/l 
Page 24 
2. It shall be presumed that the producer of an audiovisual 
work has acquired author's economic rights to the works created 
at his order or included in the audiovisual work, however only 
within the scope of its audiovisual exploitation. 
3. The producer of audiovisual work shall be obliged to pay, 
through the competent organization of collective administration of 
copyright and neighbouring rights' , to the direclor, lhe authors 
of the screenplay, the authors of musical works, musical and 
textual works, and performers of main characters in the 
audiovisual work -within the term of economic rights thereto, 
the remuneration proportional to the revenues from dissernination 
of the audiovisual work to the cinemas and the remuneration for 
leasing or renting of audiovisual works and their public 
reproduction. 
4. Coauthors of an audiovisual work and the performers of the 
main characters may waive the mediation of the organization 
specified in paragraph 3. Such waiver must be in writing under 
pain of nullity. 
5. The remuneration for the use of a Polish audiovisual work 
abroad or a foreign work in Poland may be established as a lump 
sunl. 
Article 71 
The producer shall be allowed to make translations of the 
audiovisual work into various language versions without the con­
sent of the authors. 
Article 72 
The author of a work ordered for an audiovisual work may, 
fi ve years after the acceptance of the ordered work, allow for 
dissemination of that work in another audiovisual work, if within 
such time, the original audiovisual work with his works1 in it has 
not been disseminated. The parties may shorten this time limit. 
Article 73 
The right to the author's control may be exercised only with 
res pect to the final version of the audiovisual work . IP/N/1/POLlC/l 
Page 25 
Chapter 7. Special Provisions Concerning Computer 
Programs" 
Article 74 
1. Computer program shall be subject to protection as literary 
works, unless the provisions of this Chapter provide otherwise: . 
2. Protection accorded to computer programs shall cover all 
forms of their expression, including all forms of design, produc­
tion and instruction for use. Ideas and principles which underlie 
any element of a computer program, including those which 
underlie its interfaces, shall not be protected. 
3. Unless the contract of employment provides otherwise, 
author's economic rights in a computer program created by an 
ernployee while performing of his duties under the employment 
relationship shall be owned by the employer . 
4. The economi~ rights in a computer program, subject to the 
provisions of article 75, paragraphs 2 and 3, shall include the 
right to do: 
1) the permanent or temporary reproduction of a computer 
programs in full or in part, by any means and in any form; where 
it is necessary to reproduce a computer program for its loading, 
displaying, running, transmitting and storing, no consent of the 
rightholder shall be required for such acts, 
2) the translation, adaptation, arrangement or any other altera­
tion of a computer program, providing for the rights of the person 
who made such alterations, 
3) the public dissemination, including lease and rental, of a 
computer program and its copies. Upon the first sale of a copy on 
which the program has been fixed, by the rightholder or under his 
consent. the right to disseminate such copy expires. This shall not 
infringe upon the right to control further lease or rental of a com­
puter program or a copy thereof. 
Article 75 
1. Unless the contract provides otherwise, the acts specified in 
article 74, paragraph 4, subparagraphs 1 and 2 shall not, require IP/N/l/POLlC/1 
Page 26 
consent of the rightholder if they are necessary for the use of the 
computer program in accordance with its purpose, including the 
correction of errors by a person who has lawfully acquired it. 
2. The consent of the rightholder shall not be required: 
I) to make a back-up copy if that is necessary for using such 
computer program. Unless the contract provides otherwise, such 
copy may not he u<;ed concurrently with the computer rrogram: . 
2) to observe, study and test the functioning of the computer 
program by a person who, in order to learn about its idea and 
principles, has a right to use a copy of the computer program un­
der a contract, if he is entitled to perform such acts and does it 
while loading, displaying, running, transmitting or storing the 
computer program. 
3) . to reproduce a code or translatio.n of its form within the 
meaning of article 74, paragraph 4, subparagraphs 1 and 2, if that 
is indispensable to obtain the information necessary to achieve 
the interoperability· of an independently created computer 
program with other computer programs provided that the 
following conditions are met: 
a) the acts are performed by the licencee or another person 
having a right to use a copy of the computer program or by an­
other person acting on his behalf, 
b) information necessary for achieving interoperability has not 
been previously readily available to persons mentioned under let­
ter a), 
c) such acts apply only to the parts of the original computer 
program which are necessary to achieve interoperability. 
3. Information specified in paragraphs 2 and 3 may not be: 
1) used for purposes other than to achieve interoperability with 
an independently created computer program, 
2) given to other persons, unless it is necessary for achieving 
interoperability with an independently created computer program, 
3) used for developing, manufacturing, or putting into circula­
tion the computer programs substantially similar in form or ap­
plied to other acts infringing the copyright. Article 76 IP/N/l/POLlC/1 
Page 27 
Provisions of contracts at variance with article 75, paragraphs 
2 and 3 shall be null and void~ . 
Article 77 
Provisions of article 16, subparagraphs 3 to 5~ , articles 20, 
23, 27, 28, 30, article 49, paragraph 2 and articles 56, 60 and 62 
shall not apply to computer programs. 
Chapter 8. Protection of Authorrs Moral Rights 
Article 78 
1. The author whose moral rights have been threatened by ac­
tions of others, may request such actions to be ceased. Where an 
infringement is committed, the author may also request the person 
who committed the infringement to perform all the actions 
necessary for the elimination of its effects, and in particular to 
Inake a public· statement of appropriate contents and form. If the 
infringement was culpable, the court may award the author a cer­
tain amount of money to repair the suffered damage or -at the 
request of the author, to oblige the perpetrator to pay a relevant 
amount of money for a social cause as indicated by the author. 
2. Unless the author provided otherwise ., upon his death, the 
suit for the protection of moral rights of the deceased may be 
brought by the spouse, and if such does not exist, by descendants, 
parents, siblings, and descendants of siblings, in that order. 
3. Unless the author provided otherwise, persons mentioned In 
paragraph 2 above shall be authorized in the same order to 
exercise the moral rights of the deceased author. 
4. Unless the author provides otherwise, the suit referred to in 
paragraph 2 abo\ c mal .. tl~u be brough L b) the re le\ ~1I: ~ 
association of authors according to the type of creative activity, 
or the organization for collective administration of copyright and 
neighbouring rights which had been administering copyright of 
the deceased author. IP/N/lIPOLlC/l 
Page 28 
Chapter 9. Protection of Author's Economic Rights' 
Article 79 
1. The author may request from the person who infringed his 
author's economic rights to cease such infringement, to render the 
acquired benefits or to pay double or, where the infringement i~ 
culpable, triple the amount of respective remuneration as of the 
time of claiming it. The authqr may also claim the repair of the 
inflicted damage if the action of the infringing party was cUlpa­
ble' . 
2. Irrespective of the claims specified in paragraph 1, the 
right-holder may demand that the perpetrator of the infringement 
committed within the framework of economic activity and under­
taken either in his own name or in the name of another person, 
even if on other persons' account, pay the appropriate sum to the 
Fund referred to in article 111' . Such sum may not be lower than 
twice the probable value of the benefits received by the perpetra­
tor of the committed infringement. 
Article 80 
1. The COllrt competent to hear the case of infringement of 
author's economic rights in the locality where the perpetrator con­
ducts its activity or where his property is located, shall also con­
sider, before the suit is brought, the application of the party with 
legal interest -therein within 3 days from the date of filing such 
application in the court for: 
1) securing evidence, without the need to demonstrate any 
concern that their examination would be impossible or too 
difficult, 
2) obliging the party infringing author's economic rights to 
provide information and access to documentation, as indicated by 
the court, which is substantial for the claims referred to in arti­
cle 79, paragraph 1, IP/NIlIPOLlC/l 
Page 29 
3) securing claims ansIng from the infringement of author's 
economic rights by issuing a proper temporary order, after 
proving as probable that the failure to secure the claims may 
deprive the rightholder of their sati'sfaction, even if the temporary 
order leads to the satisfaction of the claim. 
2. The court may condition the issuance, of an order for secur­
ing evidence or claims referred to in paragraph 1, subparagraphs 
1 and 3 above, on making an appropriate deposit. 
3. The court shall order seizure~ ., for the benefit of the State 
Treasury, of unlawfully produced copies of the works. 
4. The court may order seizure' '. for the benefit of the State 
Treasury, of objects used for unlawful production of copies of the 
works or' the objects by means of which the infringement was 
committed. 
5. At the request of the injured party, the court may order that 
it be awarded the objects referred to in paragraph 4 as part of due 
damages. 
6. It shall be presumed that the objects referred to in para­
graph 4 above are owned by the person infringing the author's 
economic rights~ . 
7. Appeals against court orders in cases referred to in para­
graph 1, subparagraphs 1 to 3 above shall be considered by the 
court within 7 days. 
Chapter 10. Protection of Image, Addressee of 
Correspondence and Confidentiality of Sources of 
Information 
Article 81 
1. The dissemination of an image shall require the permission 
of the person presented in it. Unless there is a clear reservation, 
such permission shall not be required if such person has received 
the agreed price for posing' . 
2. The permission shall not be required for dissemination of 
the image: IP/N/1/POL/C/l 
Page 30 
1) of a commonly known person, if such image has been made 
in connection with his performance of public functions and, in 
particular, political, social or professional functions, 
2) of a person constituting only a'detail of a whole, such as a 
meeting, a landscape, or a public event. 
Article 82 
Unless the 'person, to whom correspondence is addressed, has 
not declared his will otherwise, dissemination of the correspon­
dence within twenty years .after his death shall require the per­
mission of the spouse, or in absence thereof the permission of de­
scendants, parents or siblings: ), in that order. 
Article 83 
The pq)visions of article 78, paragraph r shall apply respec­
tively to claims brought due to the dissemination of the image of 
the person presented in it and the dissemination of correspon­
dence without the required permission of the person to whom it 
was addressed; such claims may not be brought after the lapse of 
twenty years from the death of that person. 
Article 84 
1. The author, or the publisher or producer at the request of the 
author, shall keep as confidential the sources of information used 
in the work and shall not disclose any documents connected 
therewith. 
2. The disclosure of confidential information shall be permis­
sible upon consent of the person who entrusted such confidential 
information or by virtue of the decision of the competent court. 
Chapter 11. Neighbouring Rights 
Division 1. Rights in Artistic Performances 
Article 85 
1. The subject matter of the right in artistic performance, on 
the condition of its having been established, shall be any perform-IP/N/l/POLlC/1 
Page 31 
ance of a work of artistic nature, irrespective of its value, purpose 
and manner of expression. 
2. Artistic perf?rmances within the meaning of paragraph 1 
above shall include, in particular, the actions of: actors, reciters, 
conductors, instrumentalists, dancers and singers and persons 
making a creative contribution to the creation of the perform­
ance· . 
Article 86 
1. Artistic performers shall have, within the limits specified in 
the provisions of this Act, the exclusive right to : 
1) the protection of personal interests concerning artistic per­
formance, 
2) the use of the artistic performance and disposal thereof 
within the various fields of exploitation, 
3) the remuneration for the use of artistic performance. 
2. The exclusive right of use and disposal, referred to In para-
graph 1, subparagraph 2, shall include the right to: 
1) fixation, 
2) reproduction by a specific technique, 
3) putting into circulation 
4) public exhibition, unless it is done with a copy put into 
circulation, 
5) leasing, 
6) renting, 
7) broadcast, unless it is done with a copy put into circulation. 
3. In the event of broadcasting or public reproduction of a 
performance by means of a copy put into circulation, the artistic 
performer shall have the right to adequate remuneration. 
Article 87 
The contract concluded by an artistic performer with the pro­
ducer of an audiovisual work for coparticipation in the production 
of an audiovisual work, unless it provides otherwise, shall 
transfer to the producer the rights to dispose and to use the IPINIl/POLlCI 1 
Page 32 
performance, within such audiovisual work, within all fields of 
exploitation known on the date of conclusion of the contract. 
Article 88 
The right of the artistic performer shall not infringe the copy­
right in the performed work' . 
Article 89 
The right referred to in article 86, paragraph 1, subparagraphs 
2 and 3, shall expire after fifty years following the year in which 
the artistic performance was established for the first time. 
Article 90 
Provisions of this Act shall apply to artistic performances 
which: 
1) have been made by a Polish citizen or a person residing77 
within the territory of the Republic of Poland, or 
2) have been established for the first time within the territory 
of the Republic of Poland: , or 
3) have been published for the first time within the territory of 
the Republic of Poland- " or 
4) are protected under international agreements' , 
Article 91 
It is presumed that the manager of a team is authorized to rep­
resent the rights to group artistic performances. Such presumption 
applies respectively to parts of artistic performances which have 
independent significance. 
Article 92 
The provisions of articles 8-10,12,18,21,41-45,47-49,52-
55, 57-59, 62-68, 71 and 78 shall apply to artistic performances 
respectively. 
Article 93 
The provision of article 33, subparagraph 10 of the Family and 
Guardianship Code' . shall apply respectively to the right in artis­
tic performance. IP/N/l/POLlC/1 
Page 33 
Division 2. Rights in Phonograms and Videograms 
Article 94 
-, 
1. The producer of a phonogram or a videogram shall be the 
one under whose name or business name such phonogram or 
videogram has first been made. 
2. Without detriment to the rights of the authors or artistic 
performers, the producer of a phonogram or videogram shall have 
the exclusive right to dispose and to use the phonogram or 
videogram within the scope of: 
1) reproduction by a specific technique, 
2) putting into circulation, 
3) leasing, 
4) renting. 
3. In the event of the broadcasting or public exhibition of a 
phonogram or a videogram put to circulation, the producer shall 
have the right to proper remuneration. 
Article 95 
The right specified in article 94, paragraphs 2 and 3 shall ex­
pire after f~fty years following the year in which the phonogram 
or videogram was made. 
Article 96 
Provisions of this Act shall apply to phonograms and video­
grams: 
1) whose producer has its residence or seat within the territory 
of the Republic of Poland, or 
2) whose protection results from international agreements82. 
Division 3. Rights to Broadcast 
Article 97 
Without detriment to the rights of the authors and artistic per­
formers, radio or television organizations shall have an exclusive 
right to dispose and use their programs within the scope of: 
1) fixation IP/NIl/POLlCI 1 
Page 34 
2) reproduction by a specific technique, 
3) broadcasting, also by another radio or television organiza­
tion. 
Article 98 
The right specified in article 97 shall expire after fifty years 
following the year of the first broadcast of the program. 
Article 99 
Provisions of this Act shall apply to programs: 
1) of radio and television broadcasting organizations having 
their seats within the territory of the Republic of Poland, or 
2) whose protection results from international agreements. 
Division 4. Common Provisions on Neighbouring Rights 
Article 100 
The exerCIse of the rights In artIstIc performances, 
phonograms, videograms and broadcasts shall be subject to 
respective restrictions resulting from provisions of articles 23 to 
35 above. 
Article 101 
The provisions of articles 6, 22, 39, 51, 79, paragraph 1 and 
article 80 shall apply respectively to artistic performances of pho­
nograms, videograms and broadcasts. 
Article 102 
1. Each copy of a phonogram or videogram shall carry, apart 
from the indication of the authors and artistic performers, titles of 
works and the date of manufacture, the surname or business name 
of the producer, and in the event of fixation of a broadcast, the 
name of the radio or television organization. 
2. It is presumed that copies which do not meet the require­
ments specified in paragraph 1 have been made illegally . Article 103 IP/N/1/POLlC/l 
Page 35 
Disputes about the rights in artistic performances, phonograms, 
videograms and radio or television broadcasts shall lay within the 
competence of voivodship courts. 
Chapter 12. Organitations for the Collective 
Administration of Copyright and Neighbouring 
Rights' 
Article 104 
1. Organizations for collective administration of copyright and 
neighbouring rights, hereinafter referred to as "collective admini­
stration organizations", within the meaning of this Act, shall be 
associations grouping authors, artistic performers, producers or 
radio and television broadcasting organizations whose statutory 
objective is the collective administration and protection of 
copyright or neighbouring rights entrusted to them, and the exer­
cise of the powers resulting from this Act. 
2. Provisions of the Act on Associations shall app.ly to the or­
ganizations referred to in paragraph 1 above, provided that: 
1) members of the organizations may also be legal persons .; 
2) the activities specified in this Act to be undertaken by the 
organization -shall require a permit by the Minister of Culture and 
Art, _ 
3) the Minister of Culture and Art shall supervise . .the said or­
ganizations. 
3. The Minister of Culture and Art shall grant the permit re­
ferred to in paragraph 2, subparagraph 2 to organizations capable 
to give a guarantee of the proper administration of the entrusted 
rights . 
4. In the event of exceeding the scope of the awarded permit, 
the Minister of Culture and Art shall summon the organization to 
discontinue the infringement within a fixed time limit, under the 
threat to revoke the permit. IP/N/l/POLlC/1 
Page 36 
5. The permit referred to in paragraph 2, subparagraph 2 may 
be revoked if the organization: 
1) fails to perform its duties within the scope of the admini­
stration of copyright and neighbouring rights entrusted to it or 
their protection, 
2) infringes the provisions of law within the scope of the 
granted permit. 
6. Decisions of the Minister of Culture and Art to grant or to 
revoke the permit for undertaking the exercise of the powers 
specified in paragraph 1 above by collective administration or­
ganizations, shall be announced in the official gazette "Dziennik 
Urzydowy Rzeczypospolitej Polskiej Monitor Polski". 
Article 105 
1. It is presumed that the collective administration organization 
shall be authorized to administer and to protect the rights within 
the fields of exploitation covered by collective administration and 
that it shall be authorized within this scope to participate in court 
proceedings. Such presumption may not be referred to if more 
than one collective administration organization' claims to have a 
title to the same work or artistic performance. 
2. \Vithin the scope of its activities the collective adtninistra­
tion organization may demand the provision of information and 
access to documents necessary to determine remuneration and 
fees claimed. 
Article 106 
1. The collective administration organization shall be obliged 
to provide equal treatment to the rights of its members and other 
persons it represents within the scope of administering such rights 
or claiming their protection. 
2. The collective administration organization may not, without 
important reasons, refuse its consent for the use of works or artis­
tic performances within the scope of its administration. 
3. The collective administration organization may not, without 
important reasons, refuse to undertake the administration of copy-JP IN I 1/POLlC/1 
Page 37 
right or neighbouring rights. Such administration shall be exer­
cised in accordance with its statute. 
Article 107 
If on a given field of exploitation- there is more than one col­
lective administration organization, the competent organization 
within the meaning of this Act shall be that one to which the 
a~thor or the performer belongs, and if the author or performer 
does not belong to any organization or has not disclosed its 
authorship -the organization indicated by the Copyright Com­
mission referred to in article 108, paragraph 1. 
Article 108 
1. The Minister of Culture and Art shall appoint a Copyright 
Commission, hereinafter called "the Commission", consisting of 
forty arbiters appointed in due proportion from among the candi­
dates referred to in paragraph 2. 
2. Candidates for members of the Commission shall be pro­
posed by the collective administration organizations, associations 
of authors, performers and producers, organizations grouping 
subjects whose professional activity is based on the use of works 
by radio and television broadcasting organizations, within the 
time limit set by the Minister of Culture and Art. The time limit 
shall be announced in printed daily press' . 
3. The commission consisting of six arbiters and a chairman as 
the su perarbiter, appointed by the Minister of Culture and Art 
from among the said group of arbiters, shall approve or refuse ap­
proval of the remuneration tables presented by the collective ad­
ministration organizations for the use of works or artistic per­
formances covered by collective administration and shall indicate 
the competent organization within the meaning of article 107. 
4. Provisions of the Code of Administrative Procedure shall 
apply to the proceedings before the Commission in the matters re­
ferred to in paragraph 3 accordingly. Decisions of the IP/N/1/POLlC/l 
Page 38 
Commission made under such procedure may be appealed to the 
Minister of Culture and Art. 
5. A· three member commission appointed from among the arbi­
ters, one by each of the parties and a superarbiter elected by the 
so appointed arbiters, shall settle disputes concerning the use of 
tables referred to in paragraph 3 above. If one of the parties fails - to appoint its arbiter or the arbllt!rs fail to appoint a superarbitt!f, 
they shall be appointed by the Minister of Culture and Art. 
6. Provisions of the Code of Civil Procedure concerning pro­
ceedings before a conciliatory court shall respec~ively apply to 
proceedings before the Commission in matters specified in 
paragraph 5. 
7. The party which is not satisfied with the decision of the 
Commission, referred to in paragraph 5, may bring a suit to a 
competent voivodship court with competent jurisdiction within 14 
days from the date of being served with the decision. 
8. The arbiters shall have the right to remuneration for partici­
pation in the meetings of the Comlnission. 
9. The Minister of Culture and Art shall, by a regulation, spec­
ify the detailed rules and procedures of acting by the 
Commission, the amount of remuneration specified in paragraph 
8, the fees for the proceedings before the Commission and the 
rules of their remittance. 
Article 109 
Contractual prOVisions less beneficial to the authors than they 
would result from· the tables specified in article 108, paragraph 3 
shall be invalid and they shall be replaced by respective provi­
sions from such tables. 
Article 110 
The remuneration claimed within the scope of collective ad­
ministration by a collective administration organization shall take 
into account for the sum of revenues received from the use of IPINIl/POLlCI 1 
Page 39 
works and artistic performances and the nature and scope of use 
of such works and artistic performances. 
Chapter 13. Fund for Promotion of Creative Activity 
Article 111 
1. A Fund for Promotion of Creative Activity, hereinafter 
called "the Fund", is hereby established. 
2. The Fund shall be administered by the Minister of Culture 
and Art. 
3. The Fund shall be a State earmarked fund within the mean­
ing of the provisions of the Budget Law. 
Article 112 
The revenues of the Fund shall come from: 
1) proceeds specified in article 40, 
2) proceeds specified in article 79, paragraph 2, 
3) voluntary payments, bequests and donations, 
4) other proceeds. 
Article 113 
The means of the Fund shall be used for: 
1) scholarships and social assistance for authors of works and 
for authors of derivative works, 
2) covering in full or in part the costs of publication of works 
of special significance for culture and science and publications 
for the blind. 
Article 114 
The \1inistcr of Culture anu A.rt, haying considered the opinion 
of the proper authors associations, shall, by a regulation, specify 
detailed rules of payments from the Fund and the rules of 
granting scholarships and social assistance referred to in article 
113, subparagraph 1. IP/NIlIPOLlCI 1 
Page 40 
Article 115 Chapter 14. Criminal Liability-
1. Whoever usurps the authorship or misleads others as to the 
authorship of a whole or a part of another person's work or an­
other person's artistic performance, 
shall be liable to imprisonment of up to 2 years, restriction of 
liberty or a fine. 
2. The same penalty shall be imposed on anyone who dissemi­
nates, without indicating the name or the pseudonym of the 
author, someone else's work in the original or derivative v~rsion, 
or publicly disfigures such work, artistic performance, 
phonogram, videogram or broadcast. 
3. Whoever, in order to gain material benefits in a manner 
other than that specified in paragraph 1 or 2, infringes someone 
else's copyright or neighbouring rights specified in articles 16, 
17, 18, 86, 94, paragraph 2 and article 97 , 
shall be liable to imprisonment of up to 1 year, restriction of 
1 i berty or a fine. 
Article 116 
1. Whoever, without authorization or against its terms and 
conditions, disseminates someone else's work, artistic perform­
ance, phonogram, videogram or broadcast in the original or de­
ri vati ve version, 
shall be liable to imprisonment of up to 2 years, restriction of 
liberty or a fine. 
2. If the perpetrator commits the act specified in paragraph 1 
above in order to gain material benefi ts, 
he shall be liable to imprisonment of up to 3 years. 
3. If the perpetrator makes the offence specified in paragraph 1 
above a regular source of income or organizes or manages a 
criminal activity, as specified in paragraph 1, 
he shall be liable to imprisonment from 6 months up to 5 
years. IP/NI1/POLlCI 1 
Page 41 
4. If the perpetrator of the act specified in paragraph 1 above 
acts unintentionally, 
he shall be liable to imprisonment of up to one year, restriction • of liberty or a fine. 
Article 117 
1. Whoever, without authorization or against its conditions, 
fixes or reproduces someone else's work in the original or deriva­
tive version, artistic performance, phonogram, videogram or 
broadcast, and gives his consent to its dissemination: , 
shall be liable to imprisonment of up to 2 years, restriction of 
liberty or a fine. 
2. If the perpetrator makes the offence specified in paragraph 1 
a regular source of income or organizes or manages a criminal ac­
tivity, as specified in paragraph 1 above, 
he shall be liable to imprisonment of up to 3 years. 
Article 118 
1. Whoever, in order to gain material benefit purchases, assists 
in the sale of, accepts or assists in concealing objects being carri­
ers of a work, artistic performance, phonogram, videogram dis­
seminated or reproduced without authorization or against its con­
ditions, 
shall be liable to imprisonment of up to 2 years, restriction of 
liberty or fine. 
2. If the perpetrator made the crime specified in paragraph 1 
above a permanent source of income, or organizes or manages a 
criminal activity, as specified in paragraph 1, 
he shaIl be liable to imprisonment of up to 3 years. 
Article 119 
Whoever makes impossible or hinders the exercise of the right 
to supervise the use of a work or artistic performance or denies 
information provided for in article 47 , 
shall be liable to fine. IPINIl/POLlCI 1 
Page 42 
Article 120 
In the event of conditional dismissal of proceedings or condi­
tional suspension of execution of the penalty of imprisonment in 
a case for a crime specified in articles 115, 116 and 117, the 
perpetrator shall be obliged to repair in full or in part the damage 
caused by such offence, unless it has been repaired. 
Article 121 
1. In the event of sentencing for an offence specified in 
articles 115, 116, 117 or 118, the court may order seizure of 
objects coming from the offence, even if they were not owned by 
the perpetrator. 
2. In the event of sentencing for an offence spec'ified in 
articles 115, 116, 117 or 118, the court may order seizure of 
objects used to commit the offence, even if they were not owned 
by the perpetrator. 
Article 122 
Acts specified in articles 115, 116, paragraphs 1, 2 and 4, arti­
cle 117, paragraph 1, article 118, paragraph 1 and article 119 
shall be prosecuted upon private accusation. 
Article 123 
The Minister of Justice may, by a regulation, appoint district 
courts competent to hear cases of offences specified in articles 
115, 116, 117, 118 or 119 -within the area of competence of a 
given voivodship court. 
Chapter 15. Transitory and Final Provisions 
Article 124 
1. Provisions of this Act shall apply to the works: 
1) established for the first time after it has come into force , 
2) whose copyright has not expired under the provisions hith­
erto in force, 
3) whose copyright has expired under the provisions hitherto in 
force and which under this Act shall continue to enjoy protection, IP/NIl/POL/CI 1 
Page 43 
except for the period between the expiry of protection under the 
previous Act and the date of this Act coming into force. This Act 
shall not infringe the ownership of copies of works disseminated 
prior to the day of its··.coming into force: . 
2. The provision of paragraph 1, subparagraph 3 above shall 
apply to works of foreign citizens permanently residing abroad 
upon the condition of reciprocity. 
3. Owners of computer programs created prior to this Act 
coming into force and protected under paragraph 1 above, may 
not be made responsible for infringement of copyright prior to 
such date .'. After this Act comes into force further use of ~he 
program within the previous scope by the person who owned such 
program shall be permissible without separate approval and remu­
neration, subject to requirements of provisions of article 75. Fur­
ther reaching use of such programs, including their copying and 
dissemination, shall be prohibited. 
4. Provisions of contracts concluded prior to this Act coming 
into force and contrary to the provisions of article 75, paragraphs 
2 and 3 shall be null and void· 
Article 125 
1. The provisions of this Act shall apply to artistic perform­
ances: 
1) established for the first time after it has come into force, 
2) within the scope of using them after this Act comes into 
force, if under provisions of this Act they still enjoy protection. 
This shall not apply to artistic performances established earlier 
than twenty years from the date of its coming into force 
2. This Act shall not infringe the ownership of the copies on 
which such artistic performance had been recorded prior to its 
~orning into r\Jr~c. 
Article 126 
1. Provisions of this Act shall apply to: 
1) phonograms and videograms whiGh have been made after it 
came into force, IP/N/l/POLlC/1 
Page 44 
2) radio and television programs which have been broadcast 
after it came into force, 
3) phonograms and videograms and radio and televi~ion pro­
grams which under this Act shall still enjoy protection. This shall 
not apply to phonograms, videograms or radio and television pro­
grams made or broadcast earlier than twenty years before this Act 
corn i ng into force 
2. The rule referred to in paragraph 1, subparagraph 3, first 
sentence thereof, shall not apply to: 
1) public radio and television broadcasting organizations, and 
2) schools for teaching purposes 
as regards the use of broadcasts, phonograms and v ideo grams 
which are not feature films or theatre performances made prior to 
this Act coming into force and for the use of artistic perform­
ances recorded on phonograms and videograms. 
Article 127 
1. If the use of works, artistic performances, phonograms, 
videograms and radio or television programs which started prior 
to this Act coming into force, was permissible under previous 
provisions but requires a permission after it came into force, it 
may be completed provided that the rightholder receives an ade­
quate remuneration. 
2. Subject to paragraph 3, acts in law performed prior to this 
Act coming into force and referring to copyright shall be effective 
and shall be subject to evaluation under provisions of law 'hitherto 
in force; that shall also apply to events other than acts in law-
3. This Act shall apply to long-term contracts which had been 
concluded prior to this Act coming into force with respect to the 
period after this Act coming into force, and to obligations which 
were assumed prior to this Act coming into force with respect to 
the legal effects of events following such date and not connected 
with the merits of the obligations. 
4. Contracts concluded prior to this Act coming into force shall 
not cover neighbouring rights, unless the parties agreed otherwise. IP IN I 1/PO Lle/1 
Article 128 Page 45 
The Act of 10 July 1952 on Copyright Law (Dziennik Ustaw 
1952, No. 34, item 234, Dziennik Ustaw 1975, No. 34, item 184; 
and Dziennik Ustaw 1989, No. 35, item 192) shall loose its force. 
Article 129 
This Act shall ··come into force 3 months after the date of its 
promulgation, except for article 124, paragraph 3 which shall 
come into force on the date of promulgation 