Legal aspects

Law on Copyright and Related Rights, as indicated by its title, provides multiple types of intellectual property: copyrights granted to creators of works (eg. photographers, painters, writers) and related rights entitled to other entities (eg. songs performers, who are not their authors or radio and television organizations broadcasting content consisting of copyrighted creations). Television signal broadcasting as a whole, without changes or modifications by entities other than the original broadcaster (in other words retransmission), that is by commercial entitles such as hotels, motels, resorts, bars, restaurants, fitness clubs, etc. providing retransmitting TV programmes (programs for their guests is called retransmission and requires the consent of the authorized entity – the license).

In the territory of Poland broadcasters’ rights are protected under the Law on Copyright and Related Rights dated 4th of February 1994 (as amended, and in particular art. 97 and 99) and EU legislation, among others to which Poland is a signatory: Rome Convention of October 26th, 1961 on the protection of artists, performers, producers of phonograms and broadcasting organizations, or as well Agreement on Trade-Related Aspects of Intellectual Property Rights dated April 15th, 1994. These laws protect the rights of broadcasting organizations in Poland and throughout the world where countries are signatory to said treaties.

The Copyright law states: “radio or television broadcasting organizations shall have the exclusive right to manage and use their broadcast programmes within the scope of: point 4. rebroadcast “. The broadcasters represented by Media Management Europe do require commercial entities to have consent to retransmit their signals. By retransmitting the signal(s) at commercial entities or by cable operator to its subscribers, raises the standard, quality and value of the object; thus is an element of business strategy serving to multiplying revenue.

In addition it should be emphasized even when the signal is received from a satellite in the FTA mode (Free To Air, without encryption), it does not mean the signal may be retransmitted without any charges and the consent of the broadcaster.

Agreements granting permission for retransmission do not automatically include or exempt other Collecting Societies such as ZAiKS, ZPAV or STOART to act separately to protect the copyright of other rights holders.

Retransmission without the proper relevant agreements constitutes a violation of the broadcaster’s rights under the Law on Copyright and Related Rights, thus opening the entity retransmitting to legal actions the broadcaster(s) and/or their authorized representative may wish to purse to protect their rights. The legal consequences are civilian (the obligation to pay compensation to the value of twice the loss suffered by the broadcaster) and criminal penalties up to and including possible imprisonment. In order to be in compliance with the law, it is necessary prior to retransmission to conclude an agreement granting such permission(s) through the representative of the Broadcasters, Media Management Europe.