News

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about the problem of contracts that concern the creation of a large, unspecified number of works in the future. The problem raises the following questions, among others: Is it permissible to conclude an agreement that does not specify what is to be created in the future? Does the requirement of written form under pain of invalidity limit the freedom of the parties to cooperate? Does the market practice of mail order correspond to the statutory requirements provided for contracts transferring copyrights? How to safely specify the subject matter of the framework agreement? What if the contract does not implement the statutory requirements for its validity? Link: https://www.rp.pl/biznes/art40653181-umowy-ramowe-na-masowe-tworzenie-utworow-tresc-i-wymagana-forma

Recently, for the Polish Press Agency, Dr. Michal Markiewicz spoke with editor Anna Kruszyńska on the subject of amendments to copyright law. The topic of creators’ salaries was discussed, including: the problem of the risk of losing a large part of the remuneration collected from streaming platforms due to the necessity of paying them to foreign creators, the erroneous drafting of the provision on artistic performances, which does not indicate from which entity “additional” remuneration should be collected, the lack of implementation of Article 18 of the DSM Directive with respect to most creators, the new law of press publishers, and the surprising discrepancies in national implementations concerning the regulation of what part of the publisher’s remuneration should go to creators. Link: https://www.pap.pl/aktualnosci/dr-markiewicz-o-noweli-ustawy-o-prawie-autorskim-potrzebne-rozwiazanie-dla-wszystkich-0

In Rzeczpospolita, Dr. Michal Markiewicz writes about the extremely important change that the AI Act makes to the exception for, among other things, learning artificial intelligence algorithms. In a rather surprising way (only in the recitals), it is made clear that the regulations of the DSM Directive, including in particular the permitted use for data mining (TDM) and the requirements therein, must be observed by entrepreneurs offering ready-made artificial intelligence models on the EU market, regardless of in which part of the world such an algorithm was learned. Thus, this is a special kind of “extension” of the principle of territoriality of rights, made due to the place of offering a ready-made (no longer using TDM) artificial intelligence model. This change is extremely important for leveling the playing field in the AI market for entrepreneurs operating and developing artificial intelligence models in the EU territory. This is because until now they have been at a disadvantage compared to their non-EU competitors. After the changes, all those offering a finished product on the European market will be obliged to create it based on the same rules regarding respect for copyright. Publicly available excerpt from the article: https://www.rp.pl/biznes/art40536191-ai-act-trenowanie-sztucznej-inteligencji?

“Kora. Się żyje. A Biography.” On behalf of Mateusz Jackowski, Kora’s son, we negotiated a settlement for the book. This is yet another time when our cooperation with a client is based on one of our important values – the protection of integrity and balanced language in literature and public space, where freedom of expression collides with the protection of the good name and memory of loved ones. We especially welcome opportunities for dialogue and the development of amicable solutions. In turn, advising in the area of management of such legendary Maanam’s work, which should continue to live and remain timeless, is one of our greatest missions, at the intersection of law and love of culture. Read more about the case: https://plejada.pl/newsy/final-awantury-o-biografie-kory-mateusz-jackowski-zabiera-glos-w-sprawie/3kqz5rb?

The Law.pl portal’s “5 minutes on IPR” featured an article by Wiktoria Matysik titled “Will the Court of Justice (again) dox the concept of the right to make a work available to the public?”. “The concept of the right to make a work available to the public, harmonized at the EU level within the framework of Article 3 of Directive 2001/29/EC, is one of the most widely analyzed copyright issues in the case law of the Court of Justice. As a result of the German court’s decision to refer questions to the Court for a preliminary ruling, this issue will once again become the focus of the EU body.” The text addresses the following questions: – what are the new preliminary questions on the subject of public access? – to what extent are the facts of this case similar to previous cases before the Court involving hotels and resorts? – can a group of seniors living in a care center be considered a “public”? – what is the principle of technological neutrality? Link to article: https://www.prawo.pl/prawo/pojecie-prawa-do-publicznego-udostepniania-utworu,527087.html?

The latest issue of Jagiellonian University’s Scientific Notebooks, Theses in Intellectual Property Law (Notebook 1/163), features an article by Professor Ryszard Markiewicz entitled “The principle of assimilation and author’s additional (post-contractual) remuneration.” In the text the following issues are developed: – the emergence of additional (post-contractual) remuneration, – post-contractual remuneration in the light of the principle of assimilation from the Berne Convention, – the entity authorized to state the principles of application of the principle of assimilation in the European Union, – basic principles of application to foreigners of the right to post-contractual remuneration. Quoting after the author: “Author’s additional remuneration, payable by the users of works and artistic performances under Article 70 (21) of the Copyright Act, is an important and extensive part of the Polish copyright law. Moreover, the draft amendment to the Law on Copyright and Related Rights includes streaming of works with them. If the principle of assimilation should be applied to such remuneration, then due to the outflow of funds abroad, without reciprocity from other countries, the amendment of the adopted regulation should be considered.” The article is also available in the LEX database at the following link: https://sip.lex.pl/#/publication/151473786

This time in Rzeczpospolita, Dr. Michal Markiewicz writes again about the issue of exhaustion of rights in copyright law. This provision provides for the possibility of further sale of the acquired copy of the work (tangible medium) under certain circumstances. In the Polish law, in order for the effect of exhaustion to occur, it is required that the original or a copy of the work be made available to the public as part of the ownership transfer transaction – does the copy really have to be made available to the public for exhaustion of the right to occur? How is this issue regulated under EU law? Does ordering a work (under a work contract) and acquiring ownership of a copy of the work in Poland lead to the possibility of its further sale? Link to article: https://archiwum.rp.pl/artykul/1515746-Wyczerpanie-prawa-w-prawie-autorskim.html?