Basis for the study – Article 50 of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2022, item 2509, i.e.) (hereinafter: “PrAut”).
Separate fields of exploitation include in particular:
- within the scope of recording and multiplication of the work – production of copies of the work by a specified technique, including printing, reprography, magnetic recording and digital technique;
- within the scope of circulation of the original or copies on which the work has been fixed – introduction into circulation, lending or rental of the original or copies;
- within the scope of dissemination of a work in a manner other than specified in item 2 – public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making a work available to the public in such a way that everybody can have access to it at a place and time chosen by themselves.
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Let’s start at the beginning… What are all these fields of exploitation?
Briefly speaking, fields of exploitation are ways of using a work, which constitute a bundle of rights concerning the scope of possession or use of a work[1].
Thus, fields of exploitation shall always refer to a work, which is any manifestation of creative activity of an individual nature, established in any form, regardless of value, purpose and manner of expression – Article 1(1) of PrAut.
On the other hand, if the Act does not provide otherwise, the author has the exclusive right to use and dispose of the work in all fields of exploitation[2].
Fields of exploitation are a fundamental tool of copyright management, which determines the ways of using and commercialising a work. By making them explicit in legislation and contracts, it is possible to dispose of the work effectively while safeguarding the interests of the author.
Now that we know what these fields of exploitation are. Then why exactly are they singled out?
As indicated, the main function of the fields of exploitation is to divide the rights deriving from a given work and to delimit their scope.
This makes it possible to conclude, for example, 2 exclusive licence agreements in respect of the same work if they cover different fields of exploitation[3].
It should therefore be noted that the fields of exploitation economically divide the work[4]. This makes it possible to commercialise the work in a variety of ways, repeatedly but also simultaneously, through various entities cooperating with the author or the right holder.
What is more, such commercialisation may refer to the original work and its copies at the same time, and it may be done in various ways, e.g. the parties agree that the original work will be exhibited in one place, while its copies will constitute marketing material in the form of leaflets left in neighbouring places.
Fields of exploitation thus provide a viable mechanism to effectively manage and monetise the portfolio of works owned (or intellectual property rights more broadly).
In addition, fields of exploitation organise the scope of cooperation with subcontractors or distributors of the works in question, making it possible to expand the network of contacts without having to create separate works or products.
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[1] A. Niewęgłowski [in:] Copyright Law. Commentary, Warsaw 2021, art. 50.
[2] Art. 17 PrAut.
[3] A. Michalak (ed.), Copyright and Related Rights Act. Commentary, Warsaw 2019.
[4] E. Ferenc-Szydełko (ed.), Copyright and Related Rights Act. Commentary. 4th ed. Warsaw 2021.
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r. pr. dr Marek Porzeżyński
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apl. adw. Mariola Połeć
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