COMPARATIVE GUIDE
9 January 2025

Copyright Comparative Guide

Copyright Comparative Guide for the jurisdiction of Poland, check out our comparative guides section to compare across multiple countries
Poland Intellectual Property

1 Legal framework

1.1 What legislative and regulatory provisions govern copyright in your jurisdiction?

The main rules governing copyright in Poland are set out in the Copyright and Neighbouring Rights Act, passed on 4 February 1994. There are also other acts and regulations which refer to some specific issues, such as the organisation of collective management organisations.

1.2 Is there common law protection for copyright in your jurisdiction?

See question 1.1.

1.3 Do any special regimes apply to specific types of works or subject matter (eg, software; data and databases; digital works; indigenous works)?

The Copyright Act sets out special rules that apply to audiovisual works and software.

The main difference between the protection granted to regular works and that granted to audiovisual works concerns the owner of the copyright. The owners of audiovisual works are persons who had ‘creative influence' on the work's creation – in particular:

  • the director;
  • the camera crew;
  • the music composer; and
  • the scriptwriters.

Even if copyright is transferred to the producer, the authors will retain rights to the various types of remuneration, such as the remuneration proportional to income received from showing a movie in the cinema.

The rules that relate specifically to software refer mainly to:

  • the scope of protection; and
  • the forms of use of the software that are exempt from protection.

The protection generally extends to:

  • the permanent or temporary reproduction of the software;
  • translation, adaptation or changes to the software; and
  • the dissemination, lending or renting of the software.

The forms of use of software that are not considered to constitute a violation of laws include:

  • making a backup copy if this is necessary for the use of software;
  • observing, examining and testing the functioning of the software in order to learn its ideas and principles by a person that has the right to use a copy of the software (however, further conditions must be fulfilled); and
  • reproducing the source code or its translation if it is necessary to obtain information necessary to achieve interoperability of an independently created computer program with other computer programs – however, other strict conditions must also be met.

1.4 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have relevance for copyright protection?

  • The Berne Convention for the Protection of Literary and Artistic Works, which was signed in 1886, took effect in 1887 and was last amended on 28 September 1979 (World Intellectual Property Organization); and
  • The Agreement on Trade-Related Aspects of Intellectual Property Rights, which was signed in 1994 and took effect in 1995 (World Trade Organization).

1.5 Which bodies are responsible for implementing and enforcing the copyright regime in your jurisdiction? What is their general approach in doing so?

The common courts have jurisdiction to decide on copyright matters. In 2020, specialised IP courts were established and have sole jurisdiction to hear copyright cases. There are currently five IP courts, based in major Polish cities.

Collective rights organisations also play an important role in administrating and paying remuneration to artists that was received from users for the use of copyrighted works.

2 Copyrightabilty

2.1 What types of works qualify for copyright protection in your jurisdiction?

The Copyright Act sets out a broad definition of a ‘copyrighted work', as follows: "The subject of copyright is any expression of creative activity of an individual nature, established in any form, regardless of its value, purpose and method of expression." The act imposes no limits on the types of work that may be copyrighted.

2.2 What are the requirements for copyrightability?

A copyrighted work:

  • should be the result of a ‘creative' work, which means that it cannot be produced during repetitive, machine-like activity; and
  • should have an ‘individual nature'. In general, this means that it should be subjectively new.

There is extensive legal literature and case law on the issue of copyrighted works, presenting various interpretations of the terms ‘creative work' and ‘individual nature'. In practice, a very low level of creativity is usually regarded as sufficient for a work to qualify for copyright.

2.3 What types of works are ineligible for copyright protection in your jurisdiction?

The following works are explicitly listed as ineligible for copyright protection:

  • legal acts and their official drafts;
  • official documents, materials, signs and symbols;
  • published patent or protection descriptions; and
  • simple press releases.

3 Scope of protection

3.1 What legal rights are conferred by copyright in your jurisdiction?

The author of a copyrighted work has the exclusive right:

  • to use and dispose of the work; and
  • to be paid remuneration for its use by third parties.

3.2 Are there special rules that limit the scope of protection for works that are useful/utilitarian/functional in your jurisdiction?

No, there are no such limitations on the protection of useful/utilitarian/functional works. However, there are rules relating to fair use (see question 3.5).

3.3 Are neighbouring rights protected in your jurisdiction? If so, please outline the applicable regime.

Yes, the following neighbouring rights are protected:

  • the rights to artistic performance of the work (Articles 85-93 of the Copyright Act);
  • the rights to phonograms and videograms (Articles 94-96 of the Copyright Act);
  • the rights to broadcast programmes (Articles 97-99 of the Copyright Act); and
  • the rights to first editions and scientific and critical editions (Articles 99(1)-99(6) of the Copyright Act).

3.4 Are moral rights protected in your jurisdiction? If so, please outline the applicable regime.

Yes, the following moral rights are protected according to Article 16 of the Copyright Act:

  • the authorship of the work;
  • the marking of the work with a name or nickname or the anonymous sharing of the work;
  • the inviolability of the content and form of the work and its fair use;
  • the first disclosure of the work to the public; and
  • the supervision of use of the work.

3.5 Are any blanket exceptions to copyright infringement (eg, fair use/dealing) or specific exceptions to copyright infringement (eg, backup copies, interoperability, right of repair) available in your jurisdiction? If so, under what conditions do they apply?

The rules that limit the scope of copyright protection are collectively defined as ‘fair use'. Articles 23-35 of the Copyright Act:

  • provide many exceptions from copyright protection; and
  • set out the conditions which must be met in order to use the copyrighted works without the owner's permission.

The most common of such exemptions are:

  • the use of a disclosed work for personal purposes (eg, reading a book);
  • the use of educational and scientific works for educational/scientific purposes;
  • the use of libraries, archives and schools; and
  • the quotation right, which refers to the use of excerpts from or of parts of copyrighted works.

Additionally, the Copyright Act provides for the fair use of software – see question 1.3.

3.6 How are derivative works protected in your jurisdiction? Who is the owner of a derivative work?

The owner of the derivative work is the person who created it. However, the use of such work, beyond personal use, depends on the consent of the creator of the original work.

3.7 Can copyrightable works also be protected by other IP rights (eg, trademarks and designs) in your jurisdiction?

Yes, copyrighted works may be protected by other IP rights – in particular, trademarks and designs. Copyright protection does not exclude registration of the work as a trademark or design.

4 Duration, publication and renewal

4.1 When does copyright protection in a work begin and end in your jurisdiction? Are there any proactive maintenance or other requirements to benefit from a full term of protection?

A work is protected through its ‘preservation' in a way that means it may be perceived by an audience – for example, by recording a piece of music or saving the work on an electronic device.

The general rule is that a work is protected for 70 years after the death of the author and ceases at the end of that year. However, the duration of protection is different for the following works:

  • works whose authors are unknown;
  • works that by law are attributed to non-natural persons; and
  • works that have been jointly created.

The duration of protection by law cannot be extended or limited.

4.2 What is required for a work to be published in your jurisdiction?

There are no requirements for a work to be published.

4.3 Can copyright protection be renewed or extended in your jurisdiction? If so, how?

Copyright protection is not dependent on registration; therefore, it cannot be renewed. It cannot be also extended by any legal action.

5 Ownership

5.1 Who can qualify as the owner of a copyrighted work in your jurisdiction? Are there any provisions that deem an owner to be a person other than the author?

The copyright owner is generally the person who created the work. However, in the following cases set out in the Copyright Act, the copyright owner is another party:

  • A producer or publisher owns the copyright to a collective work and its title; and
  • An employer owns the copyright to works created by employees during the performance of their work duties. In this case, however, other conditions must be met (for more information see question 5.4).

5.2 Is corporate, joint or collective ownership of copyrighted works recognised in your jurisdiction? If so, in what circumstances?

Yes, various types of ownership of a work are possible:

  • Rights may be assigned to a legal person by virtue of law where a legal person is a producer/publisher/employer entitled to the work (see question 5.1).
  • Joint ownership of a work is possible if it was created by more than one author.
  • Ownership of a collective work is assigned to the producer/publisher. However, the rights to the individual parts of the works are owned by their creators and may be freely used.

5.3 Can ownership of a copyrighted work be transferred in your jurisdiction? If so, how? Are any copyrights, moral rights, neighbouring or related rights inalienable? If so, how can such rights be dealt with (eg, exclusive licence, waivers)?

The ownership of a copyrighted work can be transferred through a licensing agreement or an agreement transferring the rights. In the Polish legal system, a licence is granted and rights are transferred only in relation to the ‘fields of exploitation' of the work which are explicitly specified in the agreement. The agreement transferring the rights must be executed in writing under threat of nullity.

Moral rights cannot be transferred or waived. In practice, the authors usually declare in the relevant agreements that they will not be exercising these rights.

5.4 Where a work is created by an employee, what are the rules regarding ownership? What measures can an employer take to secure its rights to intellectual property created under an employment relationship?

The copyright to a work created by an employee is owned by the employer where the work is a result of the employee's exercise of his or her duties under the employment contract.

However, copyright is transferred after acceptance of the work and within the scope of:

  • the aim of the employment contract; and
  • the parties' mutual intention.

Due to the ambiguity of the rules on employer's works, in practice, many doubts may arise in relation to issues such as:

  • what the ‘mutual intention' of the parties actually was; and
  • whether the work was actually created as part of the employer's duties.

To avoid any misunderstanding, employment contracts usually include extensive provisions which, in particular, define:

  • the duties of the employer;
  • the conditions for recognising a work as created during the exercise of the employee's duties under the employment contract; and
  • the behaviour of the employer which will be regarded as acceptance of the work.

5.5 Where a work is created by a contractor, what are the rules regarding ownership? What measures can a hiring party take to secure its rights to intellectual property created under a contracting relationship?

The copyright to a work created by a contractor remains with the contractor. In order to acquire copyright, the hiring party must include in the contract an obligation to transfer the copyright (or at least license the work).

In legal practice in Poland, provisions on the transfer of the copyright to works created by a contractor are commonly included in contracts.

6 Registration

6.1 Is there a copyright registration system in your jurisdiction? If so, is registration mandatory?

No, there is no system of copyright registration. Protection is granted from the time of the work's creation – that is, from the point at which it may be perceived by third parties.

6.2 What are the advantages of registration?

There is no registration system in Poland as the protection is granted from the time of work's creation.

6.3 What legal presumptions, rights and entitlements are conferred by copyright registration?

No legal presumptions, rights and entitlements are conferred by copyright registration as such system is not applicable in Poland.

6.4 What are the formal, procedural and substantive requirements for registration?

There are no formal, procedural and substantive requirements for registration.

6.5 What fees does the governing body charge for registration? Do these vary depending on the type of work?

No fees for registration are due.

6.6 Can copyright registration be refused? If so, on what grounds and what is the impact of refusal?

No. The protection does not depend on registration, thus the protection cannot be refused.

6.7 If copyright registration is refused, can the applicant appeal? If so, how?

Since there is no registration system, this does not apply.

6.8 Can the reviewing body's decision be appealed? If so, how?

No – because of no registration system.

7 Enforcement and remedies

7.1 What constitutes copyright infringement in your jurisdiction?

There are no rules that specify the particular types of behaviour that constitute copyright infringement. Therefore, such rules may be only derived from case law and legal doctrine, from which it is not possible to discern a definitive view.

However, it is clear that an infringement takes place where a third party uses a copyrighted work without permission and fair use cannot be claimed. It is irrelevant whether the copyrighted work is used in the course of trade.

Doubts may arise where a third party uses a similar work. In such cases, the accepted approach is usually that infringement takes place if the similar work takes over creative elements of the copyrighted work.

7.2 Is secondary liability for copyright infringement recognised in your jurisdiction? If so, how is it incurred? Are safe harbours afforded to intermediaries or others? If so, what are the requirements for such safe harbours to apply?

No, Polish law does not provide for secondary liability for copyright infringement.

7.3 Is criminal enforcement of copyright law possible in your jurisdiction?

Yes, criminal enforcement of copyright law is possible.

7.4 What is the statute of limitations for copyright infringement?

The Copyright Act does not provide for a specific limitation period for claims based on copyright infringement. Therefore, the limitation period is the same as that for other types of claims – that is:

  • six years; or
  • where the claim is based on periodical benefits/services or relates to the course of trade, three years.

The limitation period ends on the last day of the calendar year.

This does not apply to moral rights. Claims related to the infringement of moral rights are not limited in time.

7.5 Who has standing to bring copyright claims?

The copyright owner is solely entitled to raise claims related to copyright infringement.

7.6 What is the procedure for pursuing claims for copyright infringement, including usual timeframes for resolution? Are there any streamlined administrative procedures for handling disputes?

Copyright infringement claims may be pursued before the Polish IP courts, which are divisions of relevant district courts (the secondary level courts, being courts of either second instance or first instance in specified complicated cases). Currently there are:

  • five IP courts of first instance in Warsaw, Poznań, Gdańsk, Lublin and Katowice; and
  • two IP courts of second instance: in Warszawa and Poznań.

The procedure is governed by the Code of Civil Proceedings, which sets out specific rules which apply exclusively to IP proceedings.

The duration of IP proceedings is unpredictable and usually depends on:

  • the attitude of the parties to the proceedings;
  • the complexity of the case;
  • the number of the arguments raised; and
  • the evidence provided.

7.7 What fees and costs are usually incurred in infringement actions?

The court fees due in copyright proceedings depend on the types of claims that are brought before the court:

  • For non-monetary claims – for example, for cessation of infringement – the current fee is PLN 300 per claim.
  • For monetary claims, the current fee depends on the value claimed:
    • The fee ranges from PLN 100 to PLN 1,000 where the value claimed is up to PLN 20,000.
    • In cases of higher value, the fee is 5% of that value, capped at PLN 200,000.

The party that lost the proceedings must reimburse the costs to the winning party. In addition to the court fees, the costs include the costs of legal representation. These are awarded on the basis of official fees set forth in appropriate regulations and are higher only exceptionally. Currently, the fee for representation in copyright cases is PLN 720.

7.8 What typical defences are available to a defendant in copyright litigation?

The typical defences will depend on the claims and arguments raised by the plaintiff in the particular case.

7.9 What civil and criminal remedies are available against copyright infringement in your jurisdiction? Are customs enforcement measures available to halt the import or export of infringing works?

The most common civil remedies include requests for:

  • cessation of the infringement;
  • remediation of the consequences of the infringement;
  • compensation for damage caused, either:
    • on general terms (resulting from the civil law); or
    • through payment of a sum of money corresponding to twice the amount of the appropriate remuneration that would have been due at the time of the claim for the right to use the work; and
  • payment of unlawfully received benefits.

Several types of crimes relating to copyright may result in separate punishments for each crime. In general, the punishments include:

  • fines;
  • restriction of liberty; and
  • imprisonment.

The customs authorities are authorised to halt the progress of infringing goods through customs, in particular based on EU Regulation 608/2013.

7.10 Are damages available for copyright infringement? Are statutory damages available, and if so, in what ranges? What factors will the court consider in determining the quantum of damages?

Article 79 of the Copyright Act provides for the possibility of raising financial claims. Damages may be claimed either on general terms or as a specified sum of money.

The general terms result from the Civil Code, which provides that the damage must have resulted from a regular act or omission of a party. The notion of damage includes:

  • losses that the injured party has suffered; and
  • benefits that the party could have achieved had the damage not been caused.

Therefore, the amount of damages is always strictly related to the circumstances of the case.

Another type of damages is a sum of money corresponding to twice or to three times the amount of the appropriate remuneration that would have been due at the time of the claim for the right to use the work.

The Copyright Act also provides that a copyright owner may seek from the infringer the benefits that the latter obtained from the unlawful use of the copyright.

No statutory damages for copyright infringement are foreseen under Polish law.

7.11 What is the procedure for appealing a decision in copyright litigation?

The ruling of the first-instance court may be appealed to the court of appeal.

7.12 Do any special enforcement regimes apply to specific types of works (eg, digital and online content) in your jurisdiction?

There are no specified enforcement regimes for specific types of works.

7.13 What measures can copyright owners take to help prevent infringement of their rights in your jurisdiction?

The measures that copyright owners may take to help prevent infringement of their rights are unofficial and will depend on:

  • the type of the work; and
  • the manner of its disclosure.

8 Licensing

8.1 What types of copyright licences are available in your jurisdiction?

There are two types of licences: exclusive and non-exclusive.

8.2 What terms do licences typically include (both express and/or implied licences)?

Licensing agreements typically include:

  • a definition of the work that is the subject of the agreement;
  • the date from which the licence is granted;
  • the duration of the licence;
  • the method for withdrawing from the agreement; and
  • the fields of exploitation of the work.

8.3 Does your jurisdiction have collective management regimes for copyrights or other subject matter? If so, how does collective administration generally operate and who are the key players?

There are collective management regimes related to copyright and related rights, which are executed by collective management organisations. The statutory task of these organisations is to collectively manage and protect the copyright and related rights that are entrusted to them. Their key task is to collect remuneration for the use of entrusted works and transfer it to the rights holders.

There are several such organisations in Poland which:

  • manage different types of rights (eg, copyright or related rights);
  • or represent rights holders acting in different fields (eg, composers, producers, actors).

The key players are:

  • ZAIKS, which represents the holders of copyright to music works;
  • STOART, which represents the owners of related rights to the artistic performances of music and word-music works; and
  • ZPAV, which represents audiovisual producers that are holders of related rights.

8.4 Are compulsory licences recognised in your jurisdiction, including with respect to digital/online intermediaries? If so, what types are available and what are their key features?

No. There is no compulsory licensing of copyrighted works in Poland.

8.5 Is there a formal system for establishing collective management tariffs? If so, please describe the framework for negotiating and establishing tariffs.

Polish law provides for a system of collective management tariffs, for both creators and users of the rights. General rules are set forth in the Collective Management of Copyright and Related Rights Act.

The act obliges collective management organisations to provide a repartition regulation, which sets forth specific rules on the payment of revenue resulting from use of the rights. The collective management organisation is entitled to deduct remuneration to cover the costs of collective management.

The rates charged for use of the works are specified in the remuneration tables prepared by collective management organisations. These tables are submitted for approval by the Copyright Commission, a body established by the Ministry of Culture. After approval, the tables become binding.

8.6 Can or must copyright licences be officially recorded in your jurisdiction?

There is no system for the registration of copyright licences.

8.7 Are there any specific requirements for the validity of a copyright licence in your jurisdiction? Are there any special provisions governing sub-licensing?

The Copyright Act requires exclusive licence agreements to be concluded in writing under threat of nullity. There are no special provisions governing sub-licensing.

9 Protection of foreign copyright

9.1 Are foreign copyrighted works protected in your jurisdiction? If so, how and under what conditions (eg, rule of the shorter term)?

Foreign copyrighted works are protected in Poland on the basis of the same rules as apply to Polish copyrighted works – for example, when it results from international treaties. Poland is a signatory to the Berne Convention, which has been signed by almost all countries on the world. According to Article 3(2) of the convention: "Authors who are not nationals of one of the countries of the Union but who have their habitual residence in one of them shall, for the purposes of this Convention, be assimilated to nationals of that country." Therefore, in general, the vast majority of foreign copyrighted works will be protected in Poland on the basis of the Copyright Act and the conflict rules set forth in the Berne Convention will apply.

9.2 What key concerns and considerations should be borne in mind by foreign copyright holders in seeking to protect their works in your jurisdiction?

Copyright protection in Poland is extensive; however, there are also detailed and specific rules on fair use. In copyright infringement cases, one potential issue is proving ownership where the copyright holder is not an owner, given the quite formal approach of the courts to this matter.

10 Trends and predictions

10.1 How would you describe the current copyright landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

In February 2024, draft amendments to the following were submitted:

  • the Copyright Act;
  • the Collective Management of Copyright and Related Rights Act; and
  • the Database Protection Act.

It is now being processed by the Council of Ministers.

The amendments will implement the following directives into Polish law:

  • the SatCab II Directive 2019/789, laying down the provisions on the exercise of copyright and related rights applicable to certain online transmissions conducted by radio and television organisations and to rebroadcasts of television and radio programmes; and
  • the Digital Single Market Directive 2019/790, amending Directives 96/9/EC and 2001/29/EC.

The proposed amendments include:

  • the establishment of a single national law on the exercise of copyright and related rights for the purposes of providing so-called ‘additional online services';
  • harmonisation of the licensing rules for rebroadcasting radio and television programmes, regardless of the technique used (which involves compulsory intermediation by collective management organisations); and
  • regulation of the dissemination of radio and television programmes made available to distributors through ‘direct input'.

10.2 Have there been any recent legislative amendments or decisions involving copyright and generative AI, data or databases? If so, please summarise the current state of the law.

No.

10.3 Have there been any recent developments involving intermediary safe harbour and liability in your jurisdiction?

No.

11 Tips and traps

11.1 What are your top tips for protecting copyrighted works in your jurisdiction and what potential sticking points would you highlight?

Polish law sets out very strict rules on the transfer of copyright and the grant of licence. Foreign rights holders may be unfamiliar with the requirement to specify explicitly the fields of exploitation of the work in the agreement. Agreements governed by Polish law should be carefully concluded in order to avoid the risk of invalidity.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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