Fair Use (Poland)
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Fair Use (Poland)
Fair use (Polish: ''dozwolony użytek'') is a concept in Polish copyright law that allows the use of copyrighted works without the author's economic rights or rights holder's permission and, in principle, without remuneration. This limitation restricts the exclusive rights of the copyright holder to use the work and to derive benefits from its use. The restriction of these exclusive rights is justified either by private interests (private fair use) or public interests (public fair use). The term "fair use" is specific to the Polish Copyright Act of 1994. It does not appear in the legislation or legal scholarship of other countries and was not present in Poland's previous copyright laws of 1926 and 1952. Fair use serves as the Polish equivalent of limitations and exceptions to copyright. Certain rules apply to all forms of fair use. The work must have been previously made publicly available. Additionally, moral rights must be respected – whenever possible, the author and source sh ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by ...
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Entitlement Program
An entitlement is a government program guaranteeing access to some benefit by members of a specific group and based on established rights or by legislation. A "right" is itself an entitlement associated with a moral or social principle, while an "entitlement" is a provision made in accordance with a legal framework of a society. In law, an entitlement is a provision made in accordance with a legal framework of a society. Typically, entitlements are based on concepts of principle ("rights") which are themselves based in concepts of social equality or enfranchisement. It is the content of a subjective right, namely the claim of a legal subject as against other persons to a legal object. United States government programs In the United States, an entitlement program is a type of "government program that provides individuals with personal financial benefits (or sometimes special government-provided goods or services) to which an indefinite (but usually rather large) number of ...
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Fair Use
Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18 ...
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Private Fair Use (Poland)
Private fair use in Polish law refers to a statutory authorization that allows users to privately utilize copyrighted works without obtaining permission from copyright holders or paying them. It is a form of Fair use (Poland), fair use and serves as one of the Limitations and exceptions to copylimitations (or exceptions) regulated by International law, international and Law of the European Union, EU law. Copyright protection primarily concerns the public use of a work and does not interfere with the private sphere. To adapt the law to the private use of works by individual users, legislators have introduced provisions similar to private fair use. It is a fundamental institution of copyright law with significant social importance. Similar provisions were included in the 1926 and 1952 acts and are also present in the laws of all European countries. In the Polish Copyright Act of 1994, private fair use is regulated in Article 23. Although this institution has deep-rooted traditions and ...
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Orphan Work
An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise (e.g. deceased persons or defunct companies) and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work. Since 1989, the amount of orphan works in the United States has increased dramatically since some works are published anonymously, assignments of rights are not required to be disclosed publicly, and registration is optional. As a result, many works' statuses with respect to who holds which rights remain unknown to the public even when those rights are being actively exploited by authors or other rightsholders ...
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Freedom Of Panorama
Freedom of panorama (FoP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public space, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. Background In the past, photography and other methods of visually representing public space were severely restricted, for reasons other than authors' rights. France prohibited such acts in the 19th century for protection of privacy. Italy began disallowing representa ...
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Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) ( or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016, it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning 'of its own kind', and is a supranational institution. The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the EU member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights h ...
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Pastiche
A pastiche () is a work of visual art, literature, theatre, music, or architecture that imitates the style or character of the work of one or more other artists. Unlike parody, pastiche pays homage to the work it imitates, rather than mocking it. The word is the French borrowing of the Italian noun , which is a pâté or pie-filling mixed from diverse ingredients. Its first recorded use in this sense was in 1878. Metaphorically, and describe works that are either composed by several authors, or that incorporate stylistic elements of other artists' work. Pastiche is an example of eclecticism in art. Allusion is not pastiche. A literary allusion may refer to another work, but it does not reiterate it. Allusion requires the audience to share in the author's cultural knowledge. Allusion and pastiche are both mechanisms of intertextuality. By art Literature In literary usage, the term denotes a literary technique employing a generally light-hearted tongue-in-cheek imit ...
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National Library Of Poland
The National Library (, ''BN'') is the national library of Poland, subject directly to the Polish Ministry of Culture and National Heritage. The main seat of the National Library is located in the Ochota district of Warsaw, adjacent to the Mokotów Field. It is one of the oldest cultural institutions in Poland, established as Załuski Library in 1732, which ultimately evolved into the National Library of Poland reactivated in 1928. The library collects books, journals, electronic and audiovisual publications published in the territory of Poland, as well as Polonica published abroad. It is the most important humanities research library, the main archive of Polish writing and the state centre of bibliographic information about books. It also plays a significant role as a research facility and is an important methodological center for other Polish libraries. The National Library was one of the first libraries in Europe that fulfilled the tasks of a modern national library in de ...
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Public Lending Right
A public lending right (PLR) is a program intended to either compensate authors for the potential loss of sales from their works being available in public libraries or as a governmental support of the arts, through support of works available in public libraries, such as books, music and artwork. Thirty-five countries have a PLR program, and others are considering adopting one. Canada, the United Kingdom, Ireland, all the Scandinavian countries, Germany, Austria, Belgium, the Netherlands, Israel, AustraliaMaltaand New Zealand currently have PLR programmes. There is ongoing debate in France about implementing one. There is also a move towards having a Europe-wide PLR programme administered by the European Union. In the United States the Authors Guild began a campaign in support of the PLR in 2018. The first PLR programme was initiated in Denmark in 1941. However, it was not properly implemented until 1946 due to World War II. The idea spread slowly from country to country and ma ...
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Non-governmental Organization
A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus on humanitarian or social issues but can also include clubs and associations offering services to members. Some NGOs, like the World Economic Forum, may also act as lobby groups for corporations. Unlike international organizations (IOs), which directly interact with sovereign states and governments, NGOs are independent from them. The term as it is used today was first introduced in Article 71 of the UN Charter, Article 71 of the newly formed United Nations Charter in 1945. While there is no fixed or formal definition for what NGOs are, they are generally defined as nonprofit entities that are independent of governmental influence—although they may receive government funding. According to the United Nations Department of Global Communic ...
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Abuse Of Process
Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies. Types and contexts of abuse Abuse of authority Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors. Abuse of corpse Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts, mutilation, or sexual ...
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