In the latest article on the Prawo.pl portal, Professor Ryszard Markiewicz comments on the proposed legislative changes related to the implementation of Directive 2019/790 into the Polish legal order. As a result of the amendment, has the right of creators to remuneration really been strengthened? Issues raised include: Analysis of the concept of “fair and adequate” remuneration; Terminological objections; The issue of post-contractual remuneration. To quote from the author: “In light of the current wording of the draft, the creator is always entitled to a “fair and adequate” remuneration, unless its gratuitousness is prejudged in the contract. This seems to make sense, given that often the exploitation of a work does not involve generating revenue that covers the producer’s or publisher’s costs. The so-called best-seller clause of Article 44 of the Copyright Act here ensures remuneration to the creator in the face of the existence of significant benefits in them. But the construction and drafting of the proposed legislation is unacceptable.” Full article: https://www.rp.pl/abc-firmy/art40829791-poczatkujacy-wynalazcy-potrzebuja-ochrony-prawnej Link to the contest website: https://www.prawo.pl/prawo/umowne-wynagrodzenie-autorskie-w-projekcie-nowelizacji,528001.html? The “5 minutes about IP” section: https://www.prawo.pl/prawo/5-minut-o-pwi,518742.html
