共享資源:各地著作權法規/波蘭

著作權法規： 波蘭 捷徑: COM:波蘭
保護期限
標準	作者逝世 + 70年
匿名	出版 + 70年
其他
全景自由	是
截至年底	是
一般授權條款標籤	{{PD-old-auto}} {{PD-Polish}}
協議
伯爾尼公約	1920年1月28日
世界貿易組織成員	1995年7月1日
烏拉圭回合協議法案回溯日期‌*	1996年1月1日
世界知識產權協議	2004年3月23日
*‌只要一個作品在美國可以受版權保護，在1929年12月31日之後發表，並在來源國的URAA日期受版權保護，那麼它通常會在美國受保護。

This page provides an overview of copyright rules of Poland relevant to uploading works into Wikimedia Commons. Note that any work originating in Poland must be in the public domain, or available under a free license, in both Poland and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Poland, refer to the relevant laws for clarification.

管轄法律

Poland has been a member of the Berne Convention since 28 January 1920, the World Trade Organization since 1 July 1995 and the WIPO Copyright Treaty since 23 March 2004.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Act of February 4, 1994, on Copyright and Related Rights (as amended up Act of September 25, 2015) as the main IP law enacted by the legislature of Poland. WIPO holds the Polish language text of the law as of 2015 with an automatic translation tool in their WIPO Lex database.

該法案具有追溯效力，並恢復了已過期的版權。^{[1996–2016 Art.124(3)]}

Wikisource has an English translation of the original 1994 law. Wikisource also has a Polish-language version as of 2016. Tomasz Rychlicki provides information on some Polish copyright cases on his blog.

一般規則

Under the Consolidated 1994 Polish Copyright Law as of 2016,

• Except as specified otherwise below, copyright expires 70 years from the author's death, or from the last surviving co-author's death with works of joint authorship.^{[1996–2016 Art.36(1)]}
• For anonymous or pseudonymous works copyright expires 70 years from date of first being made public, unless the pseudonym does not leave any doubts as to the author's identity or the author disclosed his identity.

^{[1996–2016 Art.36(2)]}

• For work to which copyrights are entitled by law to a person other than the author, copyright lasts 70 years from the date of being made public, or from the date of creation if it was not made public in this period.^{[1996–2016 Art.36(3)]}
• For in an audiovisual work, copyright lasts 70 years from the death of the last survivor of the the main director, author of the script, author of dialogues and composer of music composed for the audiovisual work.

^{[1996–2016 Art.36(4)]}

• For a musical work with words, if the words and music were composed specifically for this work, copyright lasts for 70 years from the death of the last survivor of the author of the words and composer of the music.^{[1996–2016 Art.36(5)]}
• The duration of copyright is counted in full years following the year in which the event occurred on which the duration is based.^{[1996–2016 Art.39]}

追溯變化

Poland extended its copyright term to 50 years after the death of the author (or 50 years after publication for anonymous works) on May 23, 1994, and then to 70 years on January 1, 2003.

This means that on the URAA date of January 1, 1996, the shorter term of 50 years was still valid. However, some of these works then became re-copyrighted in 2003 within Poland (and later the European Union) as the term extension explicitly also applied to works on which the copyright had already expired.

For photographs, the situation was different:

• According to the Article 21 of the Copyright law of March 29, 1926 (valid until 1952) photographs lost copyright protection ten years after the picture was taken. Series of scientific or artistic pictures lost copyright protection after 50 years.
• According to Article 27 of the Copyright law of July 10, 1952 (valid until May 23, 1994) photographs and series of photographs lost copyright protection ten years after their publication date.
• However, the retroactive Polish Copyright Law of February 4, 1994, Article 124, put all those images back under copyright protection for 50 years since the death of the author.
• An amendment passed in late 2002, effective January 1, 2003, retroactively extended terms to 70 years after the death of an author.

不受保護

快捷方式

• COM:NOP Poland

參見：共享資源:不受保護

Under the Consolidated 1994 Polish Copyright Law as of 2016, copyright protection does not cover:^{[1996–2016 Art.4]}

1. normative acts and drafts thereof as well as official documents
2. official documents, materials, signs and symbols;
3. published patent or protection descriptions;
4. simple press information.

However in some instances the use of an image published by the government in Poland might be regulated by other laws. It is being debated if postage stamps and banknotes fall into this category. (See: {{PD-Polishsymbol}})

According to 2016 court decision photographs of maps, documents, medals, memorial plates do not enjoy their own copyrights.

In the judgment of 27 February 2009 (V CSK 337/2008), the Supreme Court of Poland stated: "The official materials referred to in Article 4 §2 of the [Polish] Copyright Law Act should be understood as materials coming from an office or other institution performing public tasks."

Additionally all content published on www.gov.pl is under Creative-Commons Attribution 3.0 license.

版權標籤

快捷方式

• COM:TAG Poland

參見：共享資源:著作權標籤

• {{PD-Polish}} – 在1994年5月23日以前在波蘭出版的照片屬於公有領域。
• {{PD-Polishsymbol}} – 波蘭政府文獻、材料、徽章、標誌屬於公有領域。
• See also non-PD Polish copyleft license tags: {{PolishSenateCopyright}}, {{PolishPresidentCopyright}}

貨幣

快捷方式

• COM:CUR Poland

參見：共享資源:貨幣

 不可以. Polish National Bank requires written permission for reproduction of Polish banknotes and coins which are legal tender on the territory of the Republic of Poland in physical or electronic form.

• Discussion that resulted in the deletion of Polish money images from Commons

全景自由

快捷方式

• COM:FOP Poland

參見：共享資源:全景自由

可以。 {{FoP-Poland}}（僅限建築外部）

The copyright act from February 4, 1994 in article 33 point 1 allows one to propagate works that are permanently exhibited on the publicly accessible roads, streets, squares or gardens provided that the propagation is not for the same use. The name of the creator and source should be provided if it is possible by article 34. This use is royalty free, provided that it does not harm the legitimate interests of the creator by article 34.

郵票

參見：共享資源:郵票

According to Article 4, case 2 of the Polish Copyright Law Act of February 4, 1994 "normative acts and drafts thereof as well as official documents, materials, signs and symbols are not subject to copyrights". Such materials should use {{PD-Polishsymbol}}. Unfortunately it is unclear if Polish stamps and banknotes are considered official materials, signs or symbols by Polish law. In 2009 about 900 files with Polish stamps were deleted (see Commons talk:Stamps/Archive 1#Polish stamps are copyrighted for the discussion).

原創門檻

快捷方式

• COM:TOO Poland

參見：共享資源:原創門檻

Per Tomasz Targosz (Institute of Intellectual Property Law, Jagiellonian University Kraków):

Polish copyright law has quite a long tradition of setting the threshold rather low, which may encourage frivolous lawsuits forcing courts to ponder whether simple graphic designs, short lines of text or even names should or should not be protected by copyright law.

參見

• Commons:重複利用公有領域藝術照片
• Polska
• Category:License tags of Poland
• Category:Polish FOP cases
• Category:Stamps of Poland
• User:Piotrus/PolishCopyright

引用

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