Ustawa o prawie autorskim i prawach pokrewnych, Text-and-Data-Mining Exceptions
Ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (tekst jednolity Dz.U. 2025 poz. 24) art. 26(2) i art. 26(3), dodane ustawa z dnia 26 lipca 2024 r. (Dz.U. 2024 poz. 1254)
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 20 September 2024.
A copyright and text and data mining (TDM) rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Honor a rightsholder's express opt-out from the general text-and-data-mining exception; for a work made available so that anyone can access it at a time and place of their choosing, that opt-out is valid only when expressed in a machine-readable format together with metadata.
- Rely on the unconditional research text-and-data-mining exception, which no opt-out can defeat, only where you are a cultural-heritage institution or a covered higher-education or research body acting without a direct or indirect financial-gain purpose, and only while you keep the mined reproductions under access controls limited to authorized persons.
What it reaches
Obligation class
TDM
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Article 26(2), added by the Act of 26 July 2024 transposing the EU Digital Single Market Copyright Directive, lets a cultural-heritage institution or a body covered by Article 7(1)(1), (2), or (4) to (8) of the Law on Higher Education and Science reproduce a work to text-and-data-mine it for scientific research, without a rightsholder opt-out, so long as the activity is not carried out for direct or indirect financial gain; the reproductions may be retained only under access controls limited to authorized persons, and the rightsholder may apply only the measures necessary to keep the network or database where they are stored secure.
Article 26(3) lets anyone reproduce a disseminated work for text-and-data-mining, unless the rightsholder has reserved that use. A reservation must be express, and for a work made publicly available so that anyone can access it at a place and time of their choosing, it must be in a machine-readable format together with metadata. Reproductions made under Article 26(3) may be retained only as long as necessary for the mining purpose.
When LexLint raises it
crawls_webtrains_models
Read the law
Dziennik Ustaw
consolidated text of the Act on Copyright and Related Rights, published as the Marshal of the Sejm's announcement of the unified text