POLAND Law and Practice Contributed by: Łukasz Klimczyk, Maciej Skrzypek, Beata Danel-Skrzypek and Piotr Klepuszewski, SLK Partners
5.2 Copyright/Database Rights Law of Copyright
• the existence of a database (a collection of data organised in a systematic manner); and • significant investment in its creation, verification or presentation – a particularly important element in the context of establishing a database, Protection lasts for 15 years from the creation of the database (with the possibility of renewal in the event of significant updates). Notable Sport Examples In Poland, league schedules, match results, rankings and statistics are collected and published by the enti - ties organising the competitions. The entities organis - ing these competitions may operate their own statisti - cal platforms for the media and bookmakers, requiring licences and fees for the use of this data. This is based on database rights and licence agreements; and not only on the copyright of individual materials. 5.3 Recognising Personality/Image Rights In Poland, image rights and other personal rights (including the right to a name, pseudonym and like - ness) are recognised and protected primarily under civil law, notably the Civil Code, copyright legislation and personal data protection regulations. An individ - ual’s image is treated as a personal right, alongside elements such as reputation, dignity and privacy. Under Polish copyright law, the dissemination of an image generally requires the consent of the person depicted. Exceptions apply, for example, to widely known persons in connection with the performance of public functions or where a person constitutes only a detail of a larger scene (eg, a crowd or public event). The use of an image may also involve the process - ing of personal data. Accordingly, the GDPR and the Polish Personal Data Protection Act apply where the image allows identification of the individual, requiring a valid legal basis for such processing. Polish sports law introduces specific rules concern - ing the commercial use of athletes’ image rights in connection with national representation. Members of national teams grant the relevant Polish sports federa - tion exclusive rights to use their image in the national team uniform, while members of the Olympic team
In Poland, copyright is regulated by law. The primary legal act is the Act on Copyright and Related Rights of 4 February 1994. Copyright protection stems directly from the Act, although case law clarifies its applica - tion. For a work to be protected under the Polish Act on Copyright, it must: • constitute a manifestation of creative activity; • have an individual character; and • be fixed in any form (it does not have to be record - ed). Protection arises automatically – without the need to complete any formalities. However, the following are not protected: (i) ideas, procedures, methods of operation; (ii) normative acts and official documents; and (iii) press releases. There is no system of copyright registration as a con - dition for protection. The main defences against an allegation of infringe - ment are: • that no copyrighted work actually exists – ie, the material does not meet the criteria of creativity and individuality; • that there is no significant similarity between the copyrighted work and the allegedly infringing work – ie, only unprotected elements (eg, facts) were used; • fair use – eg, right to quote or right to private use; • licence or consent to use has been granted; and • expiry of rights, which as a rule is 70 years after the author’s death. Database Rights Poland has a separate law on databases, independent of the regulations resulting from IP rights regulation. The basic legal act in this area is the Database Protec - tion Act of 27 July 2001. In order to claim protection, the following must be established:
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