Copyright trolling a prawo cytatu
Copyright trolling but citation right

Summary/Abstract: Article 29 of the Act of 4 February, 1994 on Copyright and Neighbouring Rights establishes institution called “citing right”. This regulation shows conditions which must be met by person using somebody’s work within this legal construction. First of all the cite must be recognizable and distinctly marked in the work where it appears. The manner of editing article 29 by putting into it unsharp and undefined terms, causes that everytime when it is used, his scope needs individual interpretation, taking into consideration all connected circumstances. Such a situation creates basis to use or even to abuse citing right by copyright trolls. Copyright trolling is new phenomenon which development has proceeded gradually, together with Internet expansion. By this time it hasn’t neither his own legal definition, nor statutory regulation in Polish law. It consists in mass sending final payment demands which purpose is to gain copyrights protection by using binding regulations when such a protection doesn’t entitle. The juxtaposition of legal regulations concerning to citing right and copyright trolling phenomenon leads to explanation how first of them can be use by copyright trolls. In this context it is absolutely necessary to analyze: threats for unrestrained functioning citing right in practice, the problem how to use it according to law and how to stand against copyright trolls forcefully.

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