Copyright Management in Poland’s Broadcasting Sector

1. Introduction

Poland’s broadcasting sector includes:

Public broadcasters (e.g., Polish Radio, TVP – Telewizja Polska)

Private commercial broadcasters

Digital streaming platforms

Online radio and TV portals

Copyright management is essential for:

Ensuring legal use of third-party content (music, films, shows)

Licensing content for broadcast and online distribution

Managing reproduction, public performance, and adaptation rights

Key legal frameworks:

Polish Copyright and Related Rights Act (Ustawa o prawie autorskim i prawach pokrewnych)

European Union copyright directives (implemented into Polish law)

International treaties such as the Berne Convention for the Protection of Literary and Artistic Works

2. Copyright Protection in Broadcasting

2.1 Protected Works

Broadcast programs, shows, and documentaries

Music and audio recordings

Films, short videos, and news reports

Original scripts, graphics, and animations

2.2 Rights of Broadcasters

Under Polish law, broadcasters have related rights (prawa pokrewne), including:

Right to reproduce broadcasts

Right to retransmit programs

Right to authorize public communication

These are separate from the copyright of the underlying works (e.g., music or films).

3. Key Legal Issues in Broadcasting

Unauthorized rebroadcasting of programs

Use of copyrighted music and video clips

Licensing for online streaming

Liability of platforms hosting broadcast content

Management of derivative works (e.g., highlight reels, summaries)

4. Important Case Laws

1. TVP v Polsat

Background

TVP sued Polsat for rebroadcasting excerpts from TVP’s news programs on its own news channel.

Legal Issue

Whether using short excerpts of broadcast content constitutes copyright infringement.

Decision

Even short excerpts may infringe economic rights if they capture the original expression.

Broadcasters must obtain licenses for reproduction.

Relevance

Polish broadcasters must carefully license content before any rebroadcast, even as snippets.

2. Polish Society of Authors and Composers v RMF FM

Background

RMF FM, a radio station, used music tracks without paying royalties to composers.

Legal Issue

Obligation to pay royalties for public broadcast of music.

Decision

Broadcasters must pay royalties to authors and composers for all public performance.

Even radio snippets count as public performance.

Relevance

Licensing music is mandatory for both radio and TV, including background tracks in news or entertainment programs.

3. TVN v Interia.pl

Background

TVN (commercial TV) alleged that Interia.pl reproduced its video clips online without authorization.

Legal Issue

Does posting broadcast clips on websites without a license violate copyright?

Decision

Online reproduction of broadcast content requires broadcaster authorization.

Uploading clips without consent is infringement, even if the clip is brief.

Relevance

Online streaming portals or social media use of broadcast content must be licensed.

4. Polish Radio v YouTube Poland

Background

YouTube Poland hosted recordings of Polish Radio programs uploaded by users.

Legal Issue

Liability of hosting platforms for copyrighted broadcasts.

Decision

Platforms are liable if they do not remove infringing content after notice.

Safe harbor protection applies only if the platform acts promptly on takedown requests.

Relevance

Broadcasters must include licensing clauses with platforms and monitor uploads to prevent infringement.

5. TVP v Onet.pl

Background

Onet.pl (online portal) displayed TVP broadcast clips in news articles without authorization.

Legal Issue

Does embedding broadcast content online infringe rights?

Decision

Embedding or linking to content can infringe if it reproduces copyrighted material.

Permission from the original broadcaster is necessary.

Relevance

Broadcasting rights extend to online platforms; online summaries and embeds require licensing.

6. Polish Composers Society v RMF FM and Polskie Radio

Background

Dispute over royalty distribution for music broadcasts on national and commercial radio stations.

Legal Issue

Calculation of royalties and scope of use.

Decision

Royalties are due for each broadcast, including online streaming and podcasts.

Collective management organizations have the right to enforce royalties.

Relevance

Broadcasters must track use and report to licensing organizations.

7. TVN v Netflix Poland

Background

TVN claimed that Netflix streamed TVN content without proper licensing.

Legal Issue

Licensing and territorial rights for streaming of broadcast programs.

Decision

Online streaming constitutes reproduction and public communication, requiring proper licensing agreements.

International digital rights must be negotiated separately.

Relevance

Broadcasters entering digital streaming agreements must specify territory, duration, and scope of use.

5. Best Practices for Copyright Management in Broadcasting

Licensing Agreements

Clear contracts covering broadcast, online streaming, and syndication rights.

Collective Rights Management

Use organizations like ZAiKS – Polish Society of Authors and Composers to manage royalties efficiently.

Digital Rights Management

Implement DRM for online content to prevent unauthorized reproduction.

Monitoring Platforms

Track unauthorized uploads on social media, YouTube, and online portals.

Derivative Works Management

License highlights, excerpts, and summaries carefully, specifying scope and duration.

6. Conclusion

Poland’s broadcasting sector is highly regulated in terms of copyright:

Broadcasters hold both copyright and related rights for programs.

Unauthorized reproduction, online posting, or embedding of broadcast content constitutes infringement.

Licensing, monitoring, and royalty management are crucial.

Case law consistently reinforces that even short clips, summaries, and digital streams require authorization.