DR MICHAL MARKIEWICZ FOR THE RZECZPOSPOLITA – EXHAUSTION OF RIGHTS IN COPYRIGHT LAW

This time in Rzeczpospolita, Dr. Michal Markiewicz writes again about the issue of exhaustion of rights in copyright law. This provision provides for the possibility of further sale of the acquired copy of the work (tangible medium) under certain circumstances. In the Polish law, in order for the effect of exhaustion to occur, it is required that the original or a copy of the work be made available to the public as part of the ownership transfer transaction – does the copy really have to be made available to the public for exhaustion of the right to occur? How is this issue regulated under EU law? Does ordering a work (under a work contract) and acquiring ownership of a copy of the work in Poland lead to the possibility of its further sale? Link to article: https://archiwum.rp.pl/artykul/1515746-Wyczerpanie-prawa-w-prawie-autorskim.html?