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ZASP on the draft copyright act. “Very important information was omitted”

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There are no legal and rational grounds for depreciating the position and rights of Polish actors, said the Association of Polish Stage Artists (ZASP) in a statement. He thus referred to the draft amendment to the Copyright Act.

“The draft act on copyright and related rights proposed by the government on May 14, 2024 omitted very important provisions guaranteeing actors royalties from digital platforms, cable networks, audiobooks and radio plays,” wrote the statement of the Association of Polish Stage Artists.

ZASP on the Copyright Act

“We are pleased that the project envisages the introduction of the so-called Internet royalties, i.e. a provision on the right to remuneration for creators and performers for the use of audiovisual works on the Internet,” ZASP wrote in a statement.

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“At the same time, we still call for ensuring that actors, in accordance with Directive 2019/790, have the right to fair remuneration, which should not be limited only to extending the catalog from Article 70(21) of the Act to include the use of films and series on the Internet, since exactly the same “arguments support the possibility of providing fair remuneration also for rebroadcasting actors' artistic performances (so-called 'royalties from rebroadcasting', i.e. from digital platforms and cable networks),” it added.

“Our proposals regarding the introduction of remuneration for the use of audio works with acting performances in the same field (so-called royalties from audio forms, e.g. audiobooks, radio plays) are still valid – ZASP emphasized. “There are no legal and rational grounds to depreciate the position and rights of Polish actors,” it added.

“The actors' demands are based on the wording of Directives 2019/789 and 2019/790 and are a just fight to respect and respect the rights of actors under EU law. Until the draft amendment complies with EU law and takes into account the rights of actors described above – Association of Polish Stage Artists ZASP – the Association will continue to take all possible actions in this matter,” the statement said.

The government adopted a draft amendment to the Copyright Act

The purpose of the proposed amendment to the Act on copyright and related rights is to implement into the Polish legal order two directives of the European Parliament and of the Council (EU) of 17 April 2019: Directive 2019/789 laying down provisions on the exercise of copyright and related rights applicable to certain broadcasts online operated by broadcasting organizations and for the rebroadcasting of television and radio programs and amending Council Directive 93/83/EEC (the so-called “satellite and cable II” Directive), as well as Directive 2019/790 on copyright and related rights in the uniform digital market and amendments to Directives 96/9/EC and 2001/29/EC (the so-called “Digital Single Market” Directive). The deadline for implementing both directives expired on June 7, 2021, but European Commission only on June 4, 2021, it published guidelines on the proper application of Art. 17 of the “DSM Directive” by national legislators.

The provisions of the Directive on copyright and related rights in the Digital Single Market increase the protection of online content, its creators and publishers.

The Ministry of Culture and National Heritage is responsible for the draft amendment.

Main photo source: Shutterstock

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