Entertainment Law at Poland
Poland's entertainment industry is governed by a robust legal framework that addresses various aspects, including copyright protection, media ownership, and the promotion of cultural initiatives.
Key Legal Framework:
Copyright Law: In September 2024, Poland amended its copyright law to align with European Union directives, notably the SatCab II and DSM Directives. These changes aim to enhance protection for creators, performers, publishers, and journalists, particularly concerning online exploitation of their works. Notable provisions include:
Royalties for Online Use: Authors of literary, journalistic, scientific, musical, and audiovisual works are entitled to remuneration when their works are made available online. This includes platforms like Netflix and rebroadcasts on pay-TV.
Press Publishers' Rights: Press publishers have exclusive rights to reproduce and publicly share their publications online, with authors entitled to 50% of the remuneration for online use.
Liability of Online Platforms: Platforms like YouTube and Facebook must obtain licenses for publicly sharing works and are held responsible for infringing content uploaded by users unless they can demonstrate due diligence in obtaining consent and preventing access to infringing works.
Media Ownership Regulations: In December 2024, the Polish government added major media and telecommunications companies, including TVN, Polsat, Cyfrowy Polsat, P4 (operator of Play), T-Mobile, and WB Electronics, to a list of strategic firms requiring government approval for any ownership changes. This measure aims to protect national interests amid concerns over foreign influence, particularly from Russia.
Promotion of Cultural Initiatives: Despite societal divisions, cultural institutions like Warsaw's QueerMuzeum have emerged, showcasing Poland's evolving cultural landscape and the importance of protecting cultural expressions within the legal framework.
Recent Developments:
Media Protection from Foreign Influence: In December 2024, Prime Minister Donald Tusk announced measures to shield major television stations, such as TVN and Polsat, from potential hostile acquisitions, especially from Russian entities. These stations have been designated as strategic companies, necessitating government consent for any sales to safeguard Poland's democratic processes and media independence.
Cultural Expression Amidst Adversity: The opening of Warsaw's QueerMuzeum in late 2024 marked a significant milestone for the LGBTQ+ community in Poland, highlighting the nation's evolving stance on cultural and social issues despite previous governmental opposition.
For comprehensive guidance on entertainment law matters in Poland, consulting with legal professionals or the relevant regulatory authorities is advisable.
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