News

20.03 2025

COMMENTARY BY DR. BY MICHAŁ MARKIEWICZ IN THE POLISH PRESS AGENCY SERVICE ON. BESTSELLER CLAUSE

The text includes a link to Dr. Michal Markiewicz’s statement on the Polish Press Agency website regarding the bestseller clause. After the amendment of the law in September 2024, the issue of author’s remuneration is yet to see a wave of disputes related to creators’ demands for an increase in remuneration. It is worth noting that the amendments to the bestseller clause make it easier to use (there is a lower threshold of disproportion between remuneration entitling to demand an increase in remuneration). However, the key difference and dangers of the amendments are in the lump-sum remuneration of creators and regardless of any subsequent commercial success. Interesting times are yet to come. Link to publication:https://www.pap.pl/aktualnosci/autorka-chlopek-zapowiada-pozew-wydawnictwo-liczy-na-porozumienie-0

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21.01 2025

SECTION OF COMPETITION LAW PRACTITIONERS OIRP KRAKÓW – JULIAN TATENO FOUNDING MEMBER

We are pleased to announce that attorney Julian Tateno has become a founding member of the newly established Competition Law Practitioners Section of the OIRP in Krakow, which aims to integrate the legal community around key competition law issues. The function of Secretary of the Section was assumed by trainee attorney Patrycja S., whom we congratulate on this distinction. Thanks to attorney Kamil Dobosz, PhD for the initiative and the effort made to establish the Section. We sincerely congratulate all those involved and wish them fruitful work for the development of competition law! https://www.linkedin.com/company/sekcja-praktyk%C3%B3w-prawa-konkurencji-oirp-w-krakowie/

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21.01 2025

ERIKA CZEREDA-DZIUBEK FOR PRAWO.PL – WHAT TO DO WHEN PRESS MATERIAL CONCERNING US IS INACCURATE OR CONTAINS FALSE INFORMATION

Refusal to publish a correction does not close the way to asserting one’s rights. “Even when we fail to comply with the formal conditions of the rectification, we can still use our claim based on the protection of personal rights in the broadest sense – such action, in some cases, may prove even more beneficial,” writes lawyer Erika Czereda-Dziubek in a recent article for the portal law.pl. In the article you will find answers to this: What to do if the press material concerning us is inaccurate or contains false information? Will every correction be published? Will there always be a corrective mode? We invite you to read! https://www.prawo.pl/biznes/prawo-prasowe-odmowa-publikacji-sprostowania,530758.html

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25.12 2024

DCOMMENTARY BY DR. MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – A YEAR OF FIERCE STRUGGLE FOR THE RIGHTS OF CREATORS

I recently gave a commentary for Rzeczpospolita and ed. Jana Skoumala on the revision of copyright law. There are many interesting disputes ahead of us, which will probably concern remuneration in copyright law. Link to the article in the commentary.https://www.rp.pl/internet-i-prawo-autorskie/art41606741-tantiemy-sztuczna-inteligencja-i-legimi-eksperci-o-nielatwym-roku-dla-prawa-autorskiego

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14.01 2025

DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – COMPENSATION IN COPYRIGHT LAW NEEDS TO CHANGE

In a recent article in Rzeczpospolita, I write about what’s wrong with copyright compensation and how to fix it. Why is liability for non-fault and culpable infringement the same? How was it before? What solutions are present for intellectual property rights? Well, and how should the provision be modified to preserve its functions, while eliminating the current “injustice”? Link to article: https://archiwum.rp.pl/artykul/1528118-Odszkodowanie-w-prawie-autorskim-wymaga-zmiany.html

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31.12 2024

DR. MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – NEW YEAR’S EVE IS AN IMPORTANT DATE IN INTELLECTUAL PROPERTY RIGHTS

Today is New Year’s Eve! On this occasion, in Rzeczpospolita, I write about this special day for intellectual property rights, and copyright law in particular. What to rush with before the end of the year and what will happen with the stroke of midnight – about this in the text to which I link in the commentary. https://archiwum.rp.pl/artykul/1527581-Sylwester-to-wazna-data-w-prawach-wlasnosci-intelektualnej.html

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17.12 2024

DR. MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – PARODY AND PASTICHE IN COPYRIGHT LAW – IS IT FAIR USE?

This week I wrote in Rzeczpospolita about pastiche. Ahead of the CJEU is the important task of defining the limits of this permitted use (Pelham II case, ref. C-590/23). Will EU pastiche approach an open fair use clause? Probably, regardless of the final outcome of the proceedings before the CJEU, we will get another provision in EU law that is broad in its scope and constitutes fair use (exception and limitation). The question remains open whether the CJEU will indicate only the need for noticeable modifications to the work used (one of the prerequisites of parody), or whether it will introduce an additional criterion that will rationalize the scope of the restriction. Link to article in commentary. https://pro.rp.pl/biznes/art41584881-parodia-i-pastisz-w-prawie-autorskim-czy-to-juz-fair-use

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