In its long-awaited Opinion on an action brought by Poland to annul certain parts of Article 17 of the Directive on copyright and related rights in the Digital Single Market (CDSM Directive), Advocate General (AG) Saugmandsgaard Øe demarcates the borders of permitted filtering of users’ uploads. If followed by the Court of Justice of the…

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far. In Part I of this blog…

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). The draft law on the rights of professional artists announced by the Polish Ministry of Culture will significantly change how the private…

Earlier this month, the Constitutional Tribunal of the Republic of Poland issued a long-awaited judgment on the assessment of constitutionality of Article 79(1)(3)(b) of the Copyright and Related Rights Act (judgment of 5 November 2019, reference no. P 14/19). This provision entitles the entity whose copyright has been infringed to demand from the infringer a…

A word (verbal) sign (trademark) in which neither the choice of words nor their arrangement and connection are a manifestation of a creative invention, and nor are they original or create a result that could be defined as the manifestation of intellectual activity of a person with an autonomous creative value, is not a work…

The Polish Supreme Court held that the creative (original) nature of a work protected by copyright may manifest itself in the creative, new and simplified combination of known elements e.g. insurance products. The condition of individuality of such a work will be met if it is unique from the statistical point of view, meaning that…

Update: The deadline for papers has now been extended to 11 June 2017 Copyright influences everyone’s life. Certainly, it forms the framework for the creation and circulation of culture as each artist has to adjust to copyright when building upon others’ work or when planning to make a living from his or her creativity. But…

Since the information transmitted over the internet is often embodied in copyright works, some right owners consequently claim the right to control or at least to participate in the corresponding revenues. They direct their claims to intermediaries at different layers of the network or directly to users. Intermediaries often invoke legal defences such as the…

The Polish Supreme Court held that the use of elements of a work of authorship, which are widely known and available (in the public domain), in another work in which those elements were combined in a different way, constitutes an expression of individual creative thought, and cannot therefore be regarded as an infringement of copyright…

In determining the amount of remuneration that an author might obtain for the copyright in his photographs, it was necessary to determine the remuneration that he would have received if the person who violated his rights had entered into an agreement with the author concerning the use of the work. Such a determination should be based on the remuneration rates in the…