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  • 13 minute read
AArtykuły

What are the (Time)-Limits for Collecting Societies to Bring Claims?

In a judgment of November 17, 2011, Case III CSK 30/11, the Polish Supreme Court held that claims brought by collecting societies regarding copyright are as a rule subject to a 10-year limitation period, even if the claims—by virtue of law—can be brought to the court only by the respective collecting society (mandatory representation). The specific length of the limitation period (3 or 10 years) depends, however, on the respective nature of the claim. The judgment also provided insight into the Supreme Court’s views on the extent to which submission of and access to documents can be demanded to determine remuneration and fees claimed by a collecting society (CS) based on art.105 (2) of the Polish Copyright Act.
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  • 16 minute read
AArtykuły

Copyright Levies Imposed on Production and Import of Reprographic Equipment not Due where Analogous Levies have been Already Paid in Another EU Member State: Polish Court of Appeal Judgment in Wrocław of February 21, 2012 (I ACa 11/12)

Under art. 20 of the Polish Copyright Act, producers and importers of certain data carriers and reprographic equipment are obliged to pay fees to collective management organisations which act on behalf of creators (authors, performers, producers, publishers). These fees are in an amount not exceeding 3 per cent of the sales price. Collective management organisations redistribute them to the right holders. The authors of this article analyse a new and revolutionary Polish court decision that has changed the to-date jurisprudence in similar cases. The court decided that the said copyright levies are not due once analogous charges have already been paid in another EU Member State and regarding the same goods (data carriers, reprographic equipment). By generally sharing the view of the Polish Court of Appeal in Wrocław, that the multiplication of levies is not compatible with the relevant EU law, the authors point out at some controversies in that respect, especially in relation to the territoriality principle under copyright law and freedoms related to EU single market.