Selected year snapshot
For 2025, the active event in this file is Ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (as amended through 2024).
80%
Current rationale
As of 2025, the most permissive research-relevant exception in Polish copyright law is Art. 26³ (general TDM), which permits any user to reproduce and extract works of all types for text and data mining purposes, subject to lawful access and rightholder opt-out. This covers reproduction of full works by any user for any type of work, but does not explicitly authorize communication to the public or sharing of reproduced materials. This maps to BLUE. Art. 26² (scientific TDM) is more restrictive on users (institutional only) but has no opt-out – it would be PURPLE standing alone. Art. 23 (personal use) permits full-work reproduction but is limited to private/personal scope (LIGHT BLUE). Art. 28 (library exception) is institutional only (PURPLE). Art. 29 (quotation) is limited to fragments/excerpts (RED). The opt-out mechanism in Art. 26³ is classification-neutral. The lawful access requirement is classification-neutral. The non-commercial restriction on Art. 26² is classification-neutral.
Exceptions considered
Personal use – free use of disseminated works for personal use, single copies, circle of personal relationships. Computer programs excluded per Art. 77.
TDM for scientific research – research organisations and cultural heritage institutions may reproduce and extract works for TDM for scientific research, no rightholder opt-out
General TDM – any user may reproduce and extract works for TDM purposes, all types of works, subject to rightholder opt-out, lawful access required
Educational use – use for illustration for teaching within justified scope
Orphan works – cultural institutions may use orphan works for statutory purposes
Library/archive exception – libraries and archives may reproduce and make available on dedicated terminals on premises
Quotation – fragments of disseminated works and small works in entirety, for purposes including scientific analysis, teaching, criticism
Law changes
Ustawa z dnia 10 lipca 1952 r. o prawie autorskim
Baseline · Effective 1952-07-29
60%
Relevant section: Art. 22, Art. 23
Dates: Effective 1952-07-29 · Enacted 1952-07-10
Why this score
The 1952 Polish Copyright Act (Ustawa o prawie autorskim z 10 lipca 1952 r.) was in force on 1990-01-01. It contained provisions on personal use (Art. 22 – dozwolony użytek osobisty) permitting reproduction of published works for personal use, and provisions on public permitted use (Art. 23 et seq.) allowing use for scientific and educational purposes including quotation. The personal use provision permitted reproduction of full works for private purposes by any individual, but was limited to private/personal scope. The public use provisions for scientific purposes were limited to quotation and excerpts. The most permissive exception for a researcher was the personal use provision (Art. 22), which allowed reproduction of full works but only for private/personal use, not for sharing or institutional use. This maps to LIGHT BLUE. I was unable to retrieve the full verbatim text of the 1952 Act via web search to provide exact excerpts.
Exceptions considered
Personal use (dozwolony użytek osobisty) – permitted reproduction of published works for personal use without the author's consent
Public permitted use – quotation and use of excerpts for scientific, educational, and critical purposes
Ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych
Relevant update · Effective 1994-05-24
60%
Relevant section: Art. 23, Art. 27, Art. 28, Art. 29
Dates: Effective 1994-05-24 · Enacted 1994-02-04
Why this score
The 1994 Act replaced the 1952 Act and entered into force on 24 May 1994. Art. 23 provides for personal use (użytek osobisty) permitting free use of disseminated works within the scope of personal use, including single copies shared among a circle of persons in personal relationships. This covers reproduction of full works of any type by any individual for personal purposes, but is limited to private/personal scope and does not extend to institutional or commercial research use, nor to communication to the public. Art. 27 permits use for teaching purposes (illustration for teaching). Art. 28 permits libraries, archives, and schools to make copies available and lend, but this is institutional. Art. 29 permits quotation. The most permissive exception for a researcher is Art. 23 (personal use), which permits reproduction of full works of all types but only for personal use. Computer programs are excluded from personal use by Art. 77. This exclusion of one category of works would normally suggest ORANGE, but the personal use restriction (individual/private) is more restrictive than the work-type restriction in the color hierarchy. The classification is LIGHT BLUE based on the personal/private user restriction. Non-commercial restriction and copy-number limits are classification-neutral.
Exceptions considered
Personal use (użytek osobisty) – free use of disseminated works within scope of personal use, single copies, circle of persons in personal relationship. Computer programs excluded per Art. 77.
Use for teaching purposes – permitted use of disseminated works for illustration for teaching, within justified scope
Library/archive exception – libraries, archives, schools may make available and lend copies; may reproduce works for their own purposes
Quotation – permitted to quote fragments of disseminated works in works constituting an independent whole, justified by purposes of explanation, critical analysis, teaching, or the rules of a given creative genre
Original text
Art. 23. 1. Bez zezwolenia twórcy wolno nieodpłatnie korzystać z już rozpowszechnionego utworu w zakresie własnego użytku osobistego. 2. Zakres własnego użytku osobistego obejmuje korzystanie z pojedynczych egzemplarzy utworów przez krąg osób pozostających w związku osobistym, w szczególności pokrewieństwa, powinowactwa lub stosunku towarzyskiego.
English rendering
[Unofficial translation]: Art. 23. 1. It shall be permitted, without the consent of the author, to use free of charge a work already disseminated, within the scope of personal use. 2. The scope of personal use shall include the use of single copies of works by a circle of persons remaining in a personal relationship, in particular of kinship, affinity or social acquaintance.
Source links
Ustawa z dnia 9 czerwca 2000 r. o zmianie ustawy o prawie autorskim i prawach pokrewnych
Relevant update · Effective 2000-07-22
60%
Relevant section: Art. 28 (amended)
Dates: Effective 2000-07-22 · Enacted 2000-06-09
Why this score
The 2000 amendment (Dz.U. 2000 Nr 53 poz. 637) modified several provisions including Art. 28 on library/archive exceptions and Art. 29 on quotation. The core personal use exception in Art. 23 remained substantively unchanged. The library exception in Art. 28 was refined but remained institutional in scope. The most permissive exception for a researcher remained Art. 23 (personal use), maintaining the LIGHT BLUE classification. The amendment also adjusted Art. 27 (educational use). No new general research or TDM exception was introduced.
Exceptions considered
Personal use – unchanged from 1994, permits free use of disseminated works for personal use, single copies, circle of personal relationships
Educational use – use for teaching purposes, illustration for teaching
Library/archive exception – amended, libraries and archives may make copies available and lend, reproduce for own purposes
Quotation – fragments of disseminated works in independent works, justified by explanation, criticism, teaching
Source links
Ustawa z dnia 11 września 2015 r. o zmianie ustawy o prawie autorskim i prawach pokrewnych oraz ustawy o grach hazardowych
Relevant update · Effective 2015-11-20
60%
Relevant section: Art. 27¹, Art. 28 (amended), Art. 29 (amended)
Dates: Effective 2015-11-20 · Enacted 2015-09-11
Why this score
The 2015 amendment (implementing EU Directive 2001/29/EC orphan works provisions and other changes) significantly rewrote Art. 29 (quotation) and Art. 28 (library exception). Art. 29 was broadened to explicitly include 'scientific analysis' (analiza naukowa) as a purpose of quotation, but quotation remains limited to fragments/excerpts (urywki) of works, with only small works (drobne utwory), visual art works, and photographic works quotable in their entirety. This does not permit full-work reproduction of substantial works for research. Art. 27¹ was added for orphan works use by cultural institutions. Art. 28 was refined for library/archive digital access. The most permissive exception for a researcher remains Art. 23 (personal use), which permits reproduction of full works for personal use. Classification remains LIGHT BLUE.
Exceptions considered
Personal use – unchanged, permits free use of disseminated works for personal use, single copies, circle of personal relationships. Computer programs excluded per Art. 77.
Educational use – use for illustration for teaching
Orphan works – cultural institutions may use orphan works for their statutory purposes including digitization and making available
Library/archive exception – amended, libraries and archives may reproduce and make available on dedicated terminals on premises
Quotation – amended, fragments of works and small works in entirety, for purposes including scientific analysis, teaching, criticism
Original text
Art. 29. Wolno przytaczać w utworach stanowiących samoistną całość urywki rozpowszechnionych utworów oraz rozpowszechnione utwory plastyczne, utwory fotograficzne lub drobne utwory w całości, w zakresie uzasadnionym celami cytatu, takimi jak wyjaśnianie, polemika, analiza krytyczna lub naukowa, nauczanie lub prawami gatunku twórczości.
English rendering
[Unofficial translation]: Art. 29. It shall be permitted to quote in works constituting an independent whole, fragments of disseminated works and disseminated works of visual art, photographic works or small works in their entirety, within the scope justified by the purposes of quotation, such as explanation, polemic, critical or scientific analysis, teaching, or the rules of a given creative genre.
Source links
Ustawa z dnia 28 czerwca 2024 r. o zmianie ustawy o prawie autorskim i prawach pokrewnych oraz niektórych innych ustaw
Relevant update · Effective 2024-09-20
80%
Relevant section: Art. 26² (new), Art. 26³ (new), Art. 26⁴ (new), Art. 23
Dates: Effective 2024-09-20 · Enacted 2024-06-28
Why this score
The 2024 amendment transposed EU Directive 2019/790 (DSM Directive) into Polish law, entering into force on 20 September 2024. It introduced new Art. 26² (TDM for scientific research by research organisations and cultural heritage institutions – no opt-out), Art. 26³ (general TDM for any user – subject to rightholder opt-out), and Art. 26⁴ (related provisions). Art. 26³ permits any user to reproduce and extract works for TDM purposes, covering all types of works, provided lawful access. This is open to all users and all works. However, the TDM provisions authorize 'reproduction and extraction' (zwielokrotnianie i pobieranie) – these are reproduction-type acts. The provisions do not explicitly authorize communication to the public or sharing of the reproduced/extracted materials. The pre-existing Art. 23 (personal use) also remains in force, permitting reproduction of full works for personal use. The most permissive exception is now Art. 26³ (general TDM), which covers reproduction of full works of all types by any user, but does not cover sharing/communication. This maps to BLUE. The non-commercial restriction on Art. 26² and the opt-out mechanism on Art. 26³ are classification-neutral factors. The lawful access requirement is also classification-neutral.
Exceptions considered
Personal use – permits free use of disseminated works for personal use, single copies, circle of personal relationships. Computer programs excluded per Art. 77.
TDM for scientific research – research organisations and cultural heritage institutions may reproduce and extract works for TDM for scientific research, no opt-out by rightholders
General TDM – any user may reproduce and extract works for TDM purposes, subject to rightholder opt-out, lawful access required
Educational use – use for illustration for teaching
Library/archive exception – libraries and archives may reproduce and make available on dedicated terminals
Quotation – fragments of works and small works in entirety for scientific analysis, teaching, criticism
English rendering
[Unofficial translation based on secondary source description]: Art. 26². Text and data mining for scientific research purposes. 1. It shall be permitted to reproduce and extract works for the purposes of text and data mining carried out by research organisations and cultural heritage institutions in order to carry out scientific research, provided that access to the works has been obtained lawfully. Art. 26³. Text and data mining for purposes other than scientific research. 1. It shall be permitted to reproduce and extract works for the purposes of text and data mining, provided that access to the works has been obtained lawfully. 2. The provision of paragraph 1 shall not apply if the rightholder has expressly reserved the right to exclude text and data mining in an appropriate manner, in particular by machine-readable means.
Source links
Ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (as amended through 2024)
Current law confirmation · Effective 2024-09-20
80%
Relevant section: Art. 23, Art. 26², Art. 26³, Art. 27, Art. 28, Art. 29
Dates: Effective 2024-09-20 · Enacted 2024-06-28
Why this score
As of 2025, the most permissive research-relevant exception in Polish copyright law is Art. 26³ (general TDM), which permits any user to reproduce and extract works of all types for text and data mining purposes, subject to lawful access and rightholder opt-out. This covers reproduction of full works by any user for any type of work, but does not explicitly authorize communication to the public or sharing of reproduced materials. This maps to BLUE. Art. 26² (scientific TDM) is more restrictive on users (institutional only) but has no opt-out – it would be PURPLE standing alone. Art. 23 (personal use) permits full-work reproduction but is limited to private/personal scope (LIGHT BLUE). Art. 28 (library exception) is institutional only (PURPLE). Art. 29 (quotation) is limited to fragments/excerpts (RED). The opt-out mechanism in Art. 26³ is classification-neutral. The lawful access requirement is classification-neutral. The non-commercial restriction on Art. 26² is classification-neutral.
Exceptions considered
Personal use – free use of disseminated works for personal use, single copies, circle of personal relationships. Computer programs excluded per Art. 77.
TDM for scientific research – research organisations and cultural heritage institutions may reproduce and extract works for TDM for scientific research, no rightholder opt-out
General TDM – any user may reproduce and extract works for TDM purposes, all types of works, subject to rightholder opt-out, lawful access required
Educational use – use for illustration for teaching within justified scope
Orphan works – cultural institutions may use orphan works for statutory purposes
Library/archive exception – libraries and archives may reproduce and make available on dedicated terminals on premises
Quotation – fragments of disseminated works and small works in entirety, for purposes including scientific analysis, teaching, criticism
English rendering
[Unofficial translation]: The law in force in 2025 includes: Art. 23 (personal use – free use of disseminated works for personal use); Art. 26² (TDM for scientific research by research organisations and cultural heritage institutions, no opt-out); Art. 26³ (general TDM for any user, reproduction and extraction, subject to rightholder opt-out); Art. 27 (educational use for illustration for teaching); Art. 28 (library/archive exception); Art. 29 (quotation for scientific analysis, teaching, criticism).