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News 1
25 Apr 2024

IP Insights. Licence agreements in copyright law – an introduction (part 2)

According to last week’s release, we continue our introduction to the topic of licensing in copyright law. Today, we will focus on a crucial issue for both parties – remuneration. The material was prepared by Piotr Grzybowski and Jacek Piasta.

From the latest edition you will learn:

Blog 4
26 Feb 2024

Right of communication to the public of works once again examined by the Court of Justice of the European Union

CJEU Advocate General Maciej Szpunar delivered an opinion on 22 February 2024 in case C-135/23 concerning the interpretation of the concept of “communication to the public” of works. One of the challenges faced by the Advocate General was to clarify the meaning of this concept in line with the extensive CJEU case law related to this legal institution.

19 Dec 2023

The difficult road to revising the Polish system of fair compensation for private copying

In Poland, the system of compensation for authors and other rightholders for private copying relies on fees charged per device or data carrier used for this purpose. For many years, authors and collecting societies have pointed out that the system in Poland is not in line with EU law due to the remuneration this generates being glaringlylow, and that therefore it does not qualify as fair compensation. According to them this is because the fees in Poland are charged on devices and data carriers, which are no longer on sale, or trade in them on the market is minimal.

10 Jun 2023

Work to implement the DSM and SatCab directives to Polish law still underway…

At the end of March 2023, the EC filed an action with the CJEU against Poland for failing to implement the copyright directives. The EC’s decision was due to Poland not declaring the way in which it would harmonize its laws with the Directive on copyright and related rights in the Digital Single Market (2019/790) , and failing to notify the EC of transposition in full of SatCab II, a directive applicable to certain online transmissions and retransmissions of television and radio programmes (directive EU 2019/789) . Work on the Polish bill implementing those directives is still in its early stages – the bill has not been submitted to the Polish Sejm or adopted by the Council of Ministers.

06 Jun 2022

A autonomic liability regime for online content-sharing service providers under article 17 of the DSM Directive is not a breach of freedom of expression and information - CJEU judgment of 26 April 2022 (C-401/19)

On 26 April 2022, the CJEU Grand Chamber issued a much-awaited judgment in a case brought by Poland concerning article 17 of the DSM Directive. The complaint was rejected on formal grounds with regard to the main plea, which sought annulment of article 17(4), point b and point c in fine of the DSM Directive, and dismissed as being without merit with regard to the other issues, i.e. annulment of article 17 in full.

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