The Polish newspaper Rzeczpospolita published a recent article entitled “Authors rights contra the presumption of innocence“. It concerns a case between Polish company Euroimpex (one of the largest importers of photocopying equipment) and KOPIPOL (a collecting society) that was argued before the Court of Appeal in Wrocław. The Court asked the Polish Constitutional Tribunal to issue an opinion regarding legal questions and the interpretation of constitutionality of article 20(1)(ii) of of Polish Act on Authors Rights and Neighbouring Rights – ARNR – (in Polish: ustawa o prawie autorskim i prawach pokrewnych) of 4 February 1994, published in Journal of Laws (Dziennik Ustaw) No 24, item 83, consolidated text of 16 May 2006, Journal of Laws (Dziennik Ustaw) No 90, item 631, with subsequent amendments.

1. The producers and importers of tape recorders, video recorders and other similar apparatus, or blank material for the recording of works with the aid of such apparatus for personal and private use, and also of reprographic apparatus shall be obliged to pay, for the benefit of the creators and performers of the said works and of the producers of phonograms and videograms, fees in an amount not exceeding 3% of the selling price of the said apparatus and material.

ii. The amount of the fees referred to in paragraph 1 shall accrue:
(1) to the creators for 50%,
(2) to the performers for 25%,

The money goes to two Polish collective societies which should transfer them to creators and publishers.

This reminds me about really funny story that happened to my friend. Piotr Waglowski has sent a letter to one of such organizations asking about the money he should receive for being an author and for publishing a book and a website. You may ask what was so hilarious about the answer he has received from KOPIPOL?

The fees and salaries collected by us (with a large resistance of those obliged to bear them) on behalf of the creators are relatively low. Given the very large number of entities qualified there is a risk of atomization of remuneration payable to entitled individuals.

All creators are equal, but some creators are more equal than others.

See also “Polish regulations on copyright” and “Polish case law on copyright“.

Categories: Art. 104 ARNR | Art. 20(1) ARNR | case law | collecting society | copyright law | digital economy | Polish Constitutional Tribunal | Polish courts | Polish law | remuneration fee.