Polish Implementation of TDM Exceptions – General Characteristics

The aim of this article is to analyse the implementation of Directive (EU) 2019/790 on copyright and related rights in the context of Text and Data Mining exceptions within Polish law. It highlights interpretative challenges and uncertainties arising from the regulations, potentially leading to legal disputes. The article begins with an overview of the Directive and then examines the specific provisions in Polish law that implement it, focusing on the general and research exceptions. It discusses the lack of clarity in definitions, the scope of exceptions, and the implications for potential beneficiaries. Additionally, it identifies uncertainties regarding the storage of copies, access conditions, and protections against technical measures. Ultimately, the article concludes with a summary of the main challenges presented by the implementation and their potential impact on the practical use of Text and Data Mining exceptions.