New condition of private use? : lawfulness of the source copy in light of Article 23 Polish law on copyright and related rights

The article presents the theoretical and practical issues concerning institution of private use in the Polish copyright law in the light of CJEU case law. On a basis of Polish regulation, prior to the ACI ADAM case, the character of the source (whether it is legal or not) was dependent on liberal, restrictive or mixed perception. However, the dominant approach was the liberal interpretation. Following the decision in the ACI ADAM case, liberal attitude became unacceptable. In the aftermath, the remaining two ways of approach can be taken into consideration. In the article authors clarify which interpretation is more appropriate and adequate, taking into account the aspect of balancing the rights of authors and users. Contrary to some authors' opinion, balanced approach cannot be interpreted from the Article 23 of Polish law on copyright and related rights. As long as the copyright law is not amended, the courts should carefully consider this issue and literally interpret the judgment made in the ACI ADAM case. No matter which interpretation will be considered as binding in near future, there is an urgent need for the revision of the Polish law on copyright and related rights, along with comprehensive improvements of the regulation.