News

This time, Dr. Michal Markiewicz in Rzeczpospolita describes the REVOLUTION that the legislator introduced as part of the amendment to the copyright law (which came into force on September 20, 2024). It is about the possibility of challenging the remuneration against any contract of paid license or transfer of copyright. This issue was, so to speak, on the sidelines of previous discussions, which mainly focused on the issue of “streaming royalties.” The article points out: what is “fair and adequate” remuneration, when the creator is entitled to remuneration described in accordance with the above requirements, in what case the legislator introduces a presumption that the remuneration specified in the contract is “fair and adequate”, how the amendment to the law may affect the practice of concluding copyright contracts, whether this regulation also applies to employment contracts under which works are created. He also draws attention to changes in the bestseller clause, which aim to facilitate the possibility of taking advantage of it. So there are new business risks on the side of entrepreneurs using works! Link to publicly available excerpt from the article:https://pro.rp.pl/biznes/art41261471-uwaga-rewolucja-w-umowach-prawnoautorskich?

Dr. Michal Markiewicz’s debut in ALMA MATER of the Jagiellonian University. The issue for the inauguration of the academic year includes a “light” summary of current problems with artificial intelligence (AI) algorithms from the perspective of copyright law. Among other issues, the author addresses: 1) when copyright law can extend protection to “cooperation” between man and machine, 2) what is the scope of such protection, 3) who is liable for infringements related to the exploitation of AI-generated works, 4) how the law regulates the possibility of using works to train AI algorithms, 5) and whether creators should be compensated for the use of their works for AI purposes.Link to the e-issue: https://almamater.uj.edu.pl/documents/2910359/155690101/Alma_Mater_251/306dcabb-dadd-4b06-9575-466c5def319d

After a short break, in the pages of Rzeczpospolita, Michał Markiewicz points out an important aspect of legal and copyright law, i.e. the necessity for an entrepreneur to obtain rights to use works received from third parties (including: photographs, texts, music, e-mails, graphics, etc.). In this respect, it is important to remember that, although in most cases it is the contract that must form the basis of the business use of other people’s works, it often ‘concludes itself’ and this eventuality (in the case of certain business models) is worth bearing in mind without making everyday life too difficult. In the article, I write, among other things, about when the use of an implied licence is justified and what risks it entails. Publicly available excerpt from the article: Link to article: https://archiwum.rp.pl/artykul/1521764-Kiedy-%E2%80%9Enie-zawierac%E2%80%9D-licencji.html

Rzeczpospolita published a statement by attorney Marcin Mioduszewski on consumer rights. Quoting after the author, “This time some of my words for Rzeczpospolita about small print and practices straight out of wild capitalism.” Link to article: https://www.rp.pl/konsumenci/art40966301-drobny-druczek-i-podstepna-umowa-konsument-ma-jak-sie-uratowac/

Paulina Blaziak’s interview with Prof. Dr. Ryszard Markiewicz has been published on Interia.pl. They mainly discuss the pros and cons of the latest amendment to the copyright law. Link to the publication: https://biznes.interia.pl/gospodarka/news-druga-strona-medalu-tantiem-z-internetu-przepisy-niekorzystn,nId,7755434

MSM’s consistent presence in the Who’s Who Legal awards. Jarosław Sroczynski „selected as one of the world’s leading practitioners in the Who’s Who Legal: Competition 2024 report.” Read more on the WWL Ranking website: https://www.lexology.com/firms/1176006/Jaroslaw_Sroczy_ski To quote from the organizers: “WWL has built a reputation as one of the most trusted resources for in-house counsel, government, agency and other legal practitioners seeking to find a high-quality lawyer in a particular practice area or jurisdiction. The WWL research process is conducted using proprietary digital and in-person qualitative techniques, with 5,000 interviews with leading practitioners occurring annually. More than 250,000 third-party recommendations are gathered each year.”

Did the organizer of the concert have the right to charge for leaving items in the depository if he did not inform about the necessity beforehand? When is it permissible to charge additional fees? Legal counsel Marcin Mioduszewski comments for Rzeczpospolita on reports from the Lenny Kravitz concert, which took place on July 23, 2024 at the Atlas Arena in Lodz. He explains that the organizers may have committed a practice that violated the collective interest of consumers. Indicates whether the content of the regulations was binding on participants. Determines whether the unequal treatment of concertgoers can be considered a violation of consumer law. We invite you to read the text by Nadia Senkowska. Link to article: https://www.rp.pl/konsumenci/art40883131-50-zl-za-depozyt-na-koncercie-lenny-ego-kravitza-czy-to-jest-legalne