Prawnokarne aspekty rozpowszechniania utworu bez uprawnienia albo wbrew jego warunkom – zagadnienia wybrane
Criminal law aspects of disseminating a work without permission or against its conditions – selected issues

Summary/Abstract: The essence of the crime regulated in Article 116 of the Act of February 4, 1994, on copyright and related rights is the dissemination of a work without permission or against its conditions. The purpose of this article is to discuss provision violations of the license agreement, permitted personal use and resale of used licenses of computer programs in terms of committing a crime under article 116 of the Copyright Act. Violations of the license agreement, which may result in criminal liability, are primarily dissemination of work in the fields of exploitation not covered by the agreement as well as outside the territorial scope indicated therein and in the period after the expiry of the agreement. An example of unlawful dissemination of a work is the violation of permitted personal use regulated in Article 23 of the Copyright Act. The literature and jurisprudence of the Court of Justice of the European Union indicate that resale of used computer program licenses cannot be classified as disseminating a work without permission, regardless of whether they are electronic licenses or recorded on physical storage media such as CDs or DVDs. Thus, such behaviour will not result in committing a crime under Article 116 of the Copyright Act.

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