Historical review of Polish copyright legislation and recent developments of permitted use in educational establishments

Abstract

This dissertation examines the Polish Copyright legislation and recent developments of permitted use in educational establishments through a historical perspective. It focuses on legal history, codification processes and ways of unification reviewed in the context of successive periods during 1795-2012. The main issue being considered within this field of law is permitted use and its educational application. The dissertation seeks to answer the question whether developments in the scope of permitted use have been influenced by historical events and advancements in the education sector. It explores and analyzes those factors that help find a balance between providing wide access to educational materials, thus securing sustained input to education, as well as the authors’ rights to protect their works and creativity. The dissertation shows how the implementation of permitted use provisions in Polish education has traditionally been influenced by historical circumstances, national legal traditions and technological advancements in education, including publishing of educational materials. Permitted use has become increasingly significant as a result of the educational establishments’ dynamic progress during the political and societal transformation of the 1990s. Further, the dissertation defines the scope of permitted use implemented in educational establishments in Poland, discussing the factors that shape it and the extent that educational institutions are entitled to benefit from permitted use regulations. It assesses the impact of permitted use on schoolbook publishing by examining two cases studies, schoolbooks published by Ossolineum in the 1930s, and the “Switch on Poland” online schoolbook project of 2011. An evaluation of Polish permitted use regulations and comparison with those of the UK, France and Germany is provided. Polish permitted use regulations are further examined vis-à-vis the EU Information Society Directive (ISD, 2001/29/EC). There is no single or unified approach emerging as defining permitted use for educational purposes. Differences are identified in both understanding and balancing the societal need of accessing knowledge through education with protecting author copyright and creativity. This diversity of law flexibility among European countries, its implementation and current limitations occur as a result of different historical circumstances and societal needs shaping the scope of permitted use.