Tandems and fair remuneration for creators. The postulate was accepted by the Sejm committee


Work on changes to copyright law is underway. The parliamentary committee deliberated today on the draft amendment. Amendments were adopted regarding the right to appropriate and fair remuneration and to royalties for rebroadcasting the work, which the artists themselves applied for. The bill was submitted for second reading.

On Wednesday, the parliamentary committee on culture and media considered the government's draft amendment to the Act on Copyright and Related Rights. During the meeting, MEPs submitted many amendments.

One of the adopted amendments assumes that “the creator has the right to appropriate and fair remuneration.” Artists requested this provision at the previous committee meeting.

The right of creators to fair remuneration

A provision was also added to the draft amendment, which stipulates that “if the creator's remuneration is disproportionately low in relation to the benefits of the purchaser of the copyrights or the licensee, the creator may request an appropriate increase in the remuneration from the court.”

The MPs also agreed to supplement the catalog under Art. 70 for an additional point, i.e. royalties from rebroadcasting. He appealed for this, among others. ZASP. According to the MPs, this is a “blank spot because it is a parallel method of distributing works to streaming.”

Andrzej Wyrobiec, Undersecretary of State at the Ministry of Culture and National Heritage, expressed his lack of acceptance for this amendment, pointing out that at this stage of work, introducing additional royalties on rebroadcasts would be unjustified, “it would be another burden for users.” However, committee members accepted the amendment.

MEPs also expanded the catalog of works for which authors are entitled to appropriate remuneration for making the recording of an artistic performance publicly available. The words “musical or verbal-musical work” have been replaced by the words: “literary, journalistic, scientific, musical or verbal-musical work”.

An article was also added to the project, which assumes that “exclusions from liability for making works available to the public without the consent of the rightholder (…) do not apply to providers of online content sharing services whose main purpose is to undertake or facilitate activities infringing copyright.”

During the committee meeting, the amendment regarding the intermediation of collective management organizations in the payment of remuneration to authors was also considered. This was one of the demands of the artistic community, but it did not receive the support of the members of the parliamentary culture committee.

In the opinion of MPs, the current regulations do not exclude the participation of collective management organizations in intermediating the payment of funds to creators. “If someone wants, they can gather and associate and these organizations represent them, but let it be a choice, it cannot be the case that everyone has to be registered with OZZs,” argued the vice-chairman of the commission, Urszula Augustyn (KO).

16 MPs voted for the entire act with amendments, no one was against, and one person abstained from voting. The bill will now go to second reading. Maciej Wróbel (KO) was appointed as the rapporteur.

The EU Copyright Directive. Only Poland has not implemented it

Poland is the last European Union country that has not implemented two EU directives on copyright and related rights in the digital single market. Current regulations are outdated, do not keep up with technological development and do not cover the Internet and streaming platforms.

Two directives of the European Parliament and of the Council of the EU, to be implemented into national law, were adopted on 17 April 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 in other Member States .

The second one, 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). “This directive also introduces new rules on the remuneration of authors and performers, aimed at ensuring that the remuneration due to them is fair,” the draft states.

Main photo source: Shutterstock

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