News

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

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

Yesterday’s Rzeczpospolita featured an interview with me regarding young inventors and the dangers lurking for them from intellectual property rights. What they should know and what prospects should be created for them so that we all benefit in the future. The interview was inspired by Rzeczpospolita’s new contest, entitled: “Young Inventor. We are looking for a Polish Sam Altman.” Let’s look for many of them!!! Link to the interview: https://www.rp.pl/abc-firmy/art40829791-poczatkujacy-wynalazcy-potrzebuja-ochrony-prawnej Link to the contest website: https://mlodywynalazca.rp.pl/