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Thursday, May 23, 2024

Royalties for creators. The government adopted an amendment to the act

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The government adopted an amendment to the Act on Copyright and Related Rights. – We have prepared solutions that guarantee royalties, so the Polish state is on the side of the creators – said Donald Tusk at a press conference.

During the press conference after Tuesday's meeting of the Council of Ministers, the Prime Minister noted that “the most emotional issue was the issue of royalties for our creators, both filmmakers and music performers.”

Donald Tusk on the amendment to the act

– We have prepared solutions that guarantee royalties, so the Polish state is on the side of the creators. Together with creative communities and in accordance with European law, we will enforce streaming platforms – film and music – to reliably pay royalties to our creators – he emphasized.

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He also said that a decision had been made “that creators will decide whether they will represent themselves or use intermediary organizations, i.e. collective management organizations.”

Two directives

The aim of the draft amendment to the Act on Copyright and Related Rights, prepared at the Ministry of Culture and National Heritage, is to implement two EU directives, commonly known as copyright directives, adopted on April 17, 2019.

The first of them, called the SATCAB II directive, is intended to create conditions enabling wider dissemination in Member States of television and radio programs originating from other Member States. The directive aims, among other things, to: facilitate the licensing of the use of works and subject matter of related rights in broadcast television and radio programs.

The second directive, called the DSM Directive, was the EU's response to the challenges related to the development of digital technologies in the area of ​​copyright. The regulations introduce, among others: new forms of fair use of works, objects of related rights and databases (text and data mining, reproduction for the preservation of cultural heritage collections) and significantly modify the forms already existing in EU law (use of works for the purposes of distance education).

Poland has a delay in implementing directives – the deadline for their implementation expired in June 2021. In February 2023, our country was among eleven Member States against which – “due to failure to fulfill the obligation to fully transpose EU regulations” – the EC brought a case to the Court of Justice of the European Union. However, the government indicated on its website that the guidelines regarding one of the articles of the DSM directive European Commission presented only a few days before the final implementation date.

Main photo source: Shutterstock

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