Abstract

Domaine public payant is an institution based upon the assumption that after expiration of copyright protection of a work everyone may distribute this work without any restrictions provided an appropriate fee has been paid to an entity specified by the law. This institution is associated with the imposition of an obligation to pay in exchange for the right to use the work in the so-called public domain. After several score years of its existence two concepts of this institution have emerged: the first one recognizes its civil law nature, while the other treats it more like a typical tax consideration. This article outlines the legal nature of the domaine public payant , its origins and evolution. It also describes how this institution functions both in the Polish legal system and in the laws of other countries.