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Poland announces steps to ensure digital rights for artists
 11 Mar 2024
Polish creators and performers are set to receive royalties for their works played online, with a significant update aimed at aligning the nation's copyright laws with European Union directives, Polish Radio announced on its website.

The country's Culture and National Heritage Minister, Bartłomiej Sienkiewicz, announced the completion of consultations regarding legislation that will enable the incorporation of EU regulations into Polish law, marking a pivotal shift towards recognizing digital rights for artists.

The new measure will allow audio and video creators and performers to collect royalties from their works being streamed or played online. The planned move comes after significant pressure, in particular from the film industry, which has been vocally demanding these rights.

This legislative move is particularly notable as Poland is the last EU country to integrate these rules, a delay that previously led to threats of daily fines from the European Court of Justice, state news agency PAP reported. The urgency to implement these changes was highlighted by the potential financial penalties that could amount to PLN 33 million (around USD 8 million) per month, a burden that would fall on Polish taxpayers.

The backdrop of this legislative update is a contentious history of delays and political hesitancy, Sienkiewicz said on Thursday. He told reporters that the previous government, led by Mateusz Morawiecki, faced criticism for blocking the implementation of EU copyright laws, which led to legal action by the European Commission.

The directive in question, known as the Directive on Copyright in the Digital Single Market, came into force in June 2019 and was to have been implemented by June 2021. It aims to ensure creators and performers are fairly compensated for the use of their works online, a standard already adopted by other EU countries.

The bill's introduction reflects a broader strategy to modernize copyright regulations within the EU, facilitating wider distribution of television and radio programs across member states, benefiting users throughout the 27-nation bloc.

As Poland moves to align with EU copyright standards, the focus now turns to the parliamentary process and the potential for swift enactment of these crucial regulations, mitigating the financial risks and fulfilling the long-standing demands of the creative community.

The proposed bill, which is expected to reach parliament within two to three weeks, seeks to create a unified front among the government, parliamentary majority and creators in support of this new law.

Sienkiewicz stressed the significance of implementing legislation to secure Internet royalties, responding to collective efforts by artists and organizations like ZAPA advocating for enhanced copyright protection. Plans include expanding Article 70 of the copyright law to cover royalties from online exploitation, addressing creators' compensation issues amid the 2.6 billion Polish złoty VOD market.

The Minister aims to present the bill to the Sejm within two - three weeks.

ZAPA remains vigilant, closely monitoring the legislative process involving approval by the Permanent Committee of the Council of Ministers and the Council of Ministers. This commitment is viewed as historic, signaling positive recognition of filmmakers' contributions in the digital era.
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