The amendment to copyright law

Ministry of Culture and National Heritage intend introduce much needed changes in the use of so-called. right quote.

Ministry of Culture and National Heritage, presented the draft amendments to the Copyright and Related Rights Law. Changes result from the need to implement a directive of the European Parliament and of the Council and are intended to facilitate the use of protected works and objects of related rights in the framework of the so-called allowed for public use by citizens and public institutions and to facilitate the use of works not subject to copyright protection of property rights.

Changes will apply to, inter alia, extend the usability of citations by the press, radio and television. Due to lifting the citation condition only work in another work change will allow for a broader use of certain works. Additionally will be lifted ban on citation the whole work, so you can show for example in the press images or photos. Allowed will be use of works for educational or scientific purposes through to use by educational and scientific institutions works in digital versions for the purpose of distance learning, and sharing and reproduction of copies of works by public institutions for example libraries, archives, museums and educational institutions. The amendment shall be provide authors and publishers remuneration for lending of copies of their works through public libraries, and funds for the salary shall be come from the state budget.

With the amendment will be possible to present by libraries, museums, film library and public broadcasters so-called orphan works, orphan works it is works which entitled are not known or can not be located by public institutions involved in the protection and sharing of cultural heritage resources. The use by libraries, museums and other public institutions will be possible both for non-commercial purposes, to the extent specified by the Directive, as well as through appropriate licensing solutions.

Changes will also be consisting in extending the term of protection of musical performances and phonograms from fifty to seventy years. Changes will also be determinine the expiry date of copyrights in musical works. In the extended protection term will be possible among others recovery by the performer, rights previously transferred to the phonogram producer, if the producer doesn’t offer copies of the phonogram for sale or not share it online, additionally if the performer has transferred its rights to phonogram for a one-off payment, he’ll be entitled to annual additional remuneration from the manufacturer. According to the amendment, salary, which the artist is obtained from the manufacturer periodically, due to publication of the phonogram, will be  made no deductions.

The draft amendment not only implements new, yet not implemented EU directives, but also corrects  implemented rules .

The project at the stage of inter-ministerial consultations.




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