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[PL] Promotion of European works in Poland

Article 13(2) of the Audiovisual Media Services Directive provides that, where Member States require media service providers under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contribution to national funds, they may also require media service providers targeting audiences in their territories, but established in other Member States, to make such financial contributions which shall be proportionate and non-discriminatory. In the Polish legal order, pursuant to Article 47f(2)-(3) of the Broadcasting Act, providers...

IRIS 2023-7:1/16 [PL] The right to "revoke” a licence or transfer of rights in the context of draft amendments to the Copyright and Related Rights Act

Poland's obligation to implement Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Official Journal of the European Union L 130 of 17 May 2019, p. 92) (the so-called "Digital Single Market" Directive), hereinafter referred to as the "DSM Directive", made it necessary to amend the Copyright and Related Rights Act. The proposed draft act introduces a significant change with regard to the author's rights in the event that the...

IRIS 2023-5:1/8 [PL] AI as a "creator" under the Polish legal framework

The development of artificial intelligence (in particular, the recently released fourth instalment of the popular ChatGPT) provokes more and more questions related to the copyright protection of "works" for the creation of which AI is responsible, or in the creation of which AI had a significant contribution. In the context of almost open access to generators of images, animations, texts and sometimes music, a number of questions arise, one of which comes to the fore: can AI be considered a creator or co-creator from the perspective of Polish legal regulations? According...

IRIS 2023-3:1/11 [PL] UKE has announced an EU ban on the broadcasting and distribution of Russian TV channels

According to an announcement on the UKE (Office of Electronic Communications) website, a ban on four Russian TV channels (NTV Mir, Rossiya 1, REN TV, Pervyi Kanal) became effective in Poland on 2 February 2023. The above-mentioned ban results from Council Implementing Regulation (EU) 2023/180 of 27 January 2023 implementing Regulation (EU) 2022/2474 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine published on 30 January 2023. As a result, service providers are obliged to block access to information...

IRIS 2022-9:1/1 [PL] Recommendations of the President of UOKiK concerning the tagging, by influencers, of advertising content on social media

The Office of Competition and Consumer Protection in Poland (UOKiK) has recently released the long-awaited "Recommendations of the President of UOKiK concerning the tagging, by influencers, of advertising content on social media". The proper tagging of sponsored content on social media has raised quite a lot of questions. So far, the most difficult issues have been drawing the line between the subjective opinions of social media users and paid communications, as well as the transparent forms of tagging commercial collaborations. In order to develop clear guidelines for the...