Exercise of cable retransmission rights by broadcasting organizations – recent amendment to the Polish Copyright Act

An act dated 19 July 2016 (text: ISAP) amending the Polish Copyright Act (text: ISAP) came into force today aimed at achieving full harmonization of Polish legislation with EU law regulating the exercise by broadcasting organizations of cable retransmission rights.

A fundamental element of the amendment is therefore the introduction of a statutory exemption to the system/principle of mandatory collective copyright management provided in the provisions of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (text: Eur-Lex).

The system has been modelled on art. 10 of the above mentioned directive, which requires that “Member States ensure that Article 9 does not apply to the rights exercised by a broadcasting organization in respect of its own transmission, irrespective of whether the rights concerned are its own or have been transferred to it by other copyright owners and/or holders of related rights.“

See in PUBLICATIONS: Die Vereinbarkeit des pauschalen Schadensersatzes…

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