Addendum No. 10 is not uniform in nature. Prof. Ryszard Markiewicz points out some controversial issues related to fair use. These include, among others, the position that if a user has reasonable grounds to believe that they are using an illegal source of access, then there are no grounds for invoking fair use (including fair use for personal purposes). The basis for this restriction – in the absence of an explicit provision in this regard (under EU and Polish law) – is a three-step test. “Following T. Aplin and L. Bently, I also accept that fair use in the form of a quotation also covers modified fragments or even entire works, provided that they are recognizable as part of the work and, of course, the purposes of the quotation specified in the relevant provisions are also fulfilled. The basis for this interpretation is the possibility of defining quotation under EU law as a so-called autonomous concept. In light of the principle of proportionality, the freedom of independent artistic creation protected under fundamental rights should be taken into account here. I would also like to point out that in a number of cases there is an overlap between the scope of individual forms of fair use. The possibility of cumulative application of two forms of fair use is a completely different issue. In my next comments, I will write [probably] about whether fair use can be invoked in AI creations.” Link: https://www.prawo.pl/biznes/dozwolony-uzytek-w-prawie-autorskim-co-wolno-a-czego-nie,535807.html
