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IRIS 2006-5:1/30 [PL] Amendment to Copyright and Related Rights Act Adopted

On 8 April 2006, an Act amending the Copyright and Related Rights Act of 4 February 1994 (with later amendments) has been given to the President for signature. This Act is aimed at achieving full implementation of the Directive 2001/84/EC of the European Parliament and of the Council on the resale right for the benefit of the author of an original work of art (so-called droit de suite) into the Polish legal system In the course of the legislative procedure the Sejm - the lower chamber of the Polish Parliament - had adopted the Act on 23 March 2006. The Senate - the upper chamber of the Parliament...

IRIS 2006-5:1/29 [PL] Constitutional Tribunal Examines the Act on Cinematography

On 27 March 2006 the Commissioner for Civil Rights Protection - guarding human and civil freedoms and rights specified in the Constitution and other legal acts - appealed to the Constitutional Tribunal with the petition to state that article 19 paragraph 9 of the Act on cinematography of 30 June 2005 is not consistent with the Constitution. The Act on cinematography of 30 June 2005 came into force on 19 August 2005. However, provisions on charges, being an important part of the cinematographic production support system (Article 19) came into force on 1 January 2006 (see IRIS 2006-1: 18). The Act...

IRIS 2006-3:1/8 European Commission: Decision on State Aid in Polish Telecommunications Sector

On 26 January 2006, the European Commission decided that certain measures taken by the Polish state in the telecommunications sector should not be considered as state aid in the sense of Articles 87 and 88 of the EC Treaty. The Polish authorities had notified a law to the Commission for it to clarify whether the measures constituted state aid. The law envisages the prolongation of deadlines for telecoms operators' licence fee payments, debt write-offs and the conversion of outstanding debt into companies' shares. The payment obligations of the telecoms companies concerned arose from the purchase...

IRIS 2006-2:1/28 [PL] Changes concerning Regulatory Authorities

The audio-visual sector in Poland is governed mainly by the Brodcasting Act of 29 December 1992 (Journal of Laws of 2001 No. 101, Item 1114 as amended) and, in the field of new technologies, by the Telecommunications Law of 16 July 2004, replacing the Law of 21July 2000 (Journal of Laws 2004 No. 171 Item 1800 as amended). Therefore, until the latest revision of the Broadcasting Act and other Laws of 29 December 2005, the National Broadcasting Council (NBC), together with the President of the Office of Telecommunications and Post Regulation (OTPR) have both acted as regulatory bodies in the audio-visual...

IRIS 2006-1:1/43 [PL] National Broadcasting Council’s Position on Issues Papers

On 1 September 2005 the National Broadcasting Council (NBC) adopted a position on the Issues Papers presented by the European Commission, in the framework of the public consultation on the revision of the "Television without Frontiers" Directive. The adopted documents have been sent to the Commission. The NBC supported the basic premise that the new Directive should include regulations that will be technologically neutral and will take into account media convergence, and that a complex and integrated approach to the Information Society and to audiovisual media services was necessary. It also supported...