Legal Eye: When it's fair enough to copy
However, tucked away in Poland's Act on Copyrights and Related Rights are little nuggets of 'thou mays', which are otherwise known as fair-use exceptions.
However, don't plan a trip to the Stadion on the basis of this-nothing in the fair-use exceptions will turn a pirated copy into a legitimate one.
Educational and scientific use
Many fair-use exceptions relate to use for educational or scientific purposes. These exceptions allow, for example, a public library to lend me books. Also, if you have searched for newspaper articles on microfiche at the library, you made use of the exception that allows libraries and schools to scan their collections and make them available within the school or library to patrons.
It is also fair use to quote from works when critiquing, explaining or elucidating them. Thus, if my husband Sergiusz decided that he wanted to cite from Paul Fogo's recent article on online shopping rights in expounding on his own theory that I don't need to shop so much, he would be within his rights, at least from the point of view of copyright. From my point of view, fair use in marital arguments may be a much more unclear issue.
Software
Even if you rarely use the library, you are likely to have or use a computer. Yes, it is fair use to maintain a back-up copy of your legally purchased software. However, your license agreement dictates whether you may run your back-up copy at the same time as the primary copy.
Personal use
Although the many years in which I have practiced law should have left me immune to certain absurdities, I find it hard not to chuckle when legislators demonstrate a keen grasp of the obvious. My latest favorite is the fair-use exception that allows you to make use of a work for personal purposes. Yes, you may have friends and family over for a marathon film session to watch your legally bought copy of The Lord of the Rings. Just don't charge admission. And, if I'm invited, make lots of popcorn.
Urban myth debunked
By the way, I'd like to put an end to a popular myth once and for all. No, you do not have to use the copyright sign, (c), to have copyright protection. Most modern copyright law, including that of Poland and the U.S., holds that a copyright comes into existence automatically when a work is created. However, it doesn't hurt to use the (c) sign. It could provide evidence of when your work came into existence.
Judith Gliniecki is an attorney with Rymar and Partners
However, don't plan a trip to the Stadion on the basis of this-nothing in the fair-use exceptions will turn a pirated copy into a legitimate one.
Educational and scientific use
Many fair-use exceptions relate to use for educational or scientific purposes. These exceptions allow, for example, a public library to lend me books. Also, if you have searched for newspaper articles on microfiche at the library, you made use of the exception that allows libraries and schools to scan their collections and make them available within the school or library to patrons.
It is also fair use to quote from works when critiquing, explaining or elucidating them. Thus, if my husband Sergiusz decided that he wanted to cite from Paul Fogo's recent article on online shopping rights in expounding on his own theory that I don't need to shop so much, he would be within his rights, at least from the point of view of copyright. From my point of view, fair use in marital arguments may be a much more unclear issue.
Software
Even if you rarely use the library, you are likely to have or use a computer. Yes, it is fair use to maintain a back-up copy of your legally purchased software. However, your license agreement dictates whether you may run your back-up copy at the same time as the primary copy.
Personal use
Although the many years in which I have practiced law should have left me immune to certain absurdities, I find it hard not to chuckle when legislators demonstrate a keen grasp of the obvious. My latest favorite is the fair-use exception that allows you to make use of a work for personal purposes. Yes, you may have friends and family over for a marathon film session to watch your legally bought copy of The Lord of the Rings. Just don't charge admission. And, if I'm invited, make lots of popcorn.
Urban myth debunked
By the way, I'd like to put an end to a popular myth once and for all. No, you do not have to use the copyright sign, (c), to have copyright protection. Most modern copyright law, including that of Poland and the U.S., holds that a copyright comes into existence automatically when a work is created. However, it doesn't hurt to use the (c) sign. It could provide evidence of when your work came into existence.
Judith Gliniecki is an attorney with Rymar and Partners
