Procedura zatwierdzania tabel wynagrodzeń za korzystanie z utworów lub przedmiotów praw pokrewnych z perspektywy nowoczesnego rozstrzygania sporów

Abstract

The paper includes the presentation and discussion on the proceeding rules regarding the approval of the remuneration tables for the use of objects of copyright and related rights within proceedings conducted by adjudicating panels of the Copyright Commission in accordance with the provisions of the Act on Copyright and Related Rights of 4 February 1994. The Copyright Commission conducts the proceedings essentially based on the provisions amended by the Constitutional Tribunal in its judgment of 24 January 2006 case file SK 40/04, in which it ruled on the unconstitutionality of Article 108(3) of the aforementioned Act on Copyright regarding proceedings before the Commission on the approval of the remuneration tables for the use of objects of copyright or performances submitted by collective management organizations. As a result of the amendment, the binding regulations provide for defining the scope of proceeding before the Commission on the approval of rates submitted by collective management organizations with ensuring, in case of contesting a Commission’s decision, the possibility to continue the proceedings before a general court. In the legislation the participation of parties in determining the composition of the adjudicating panel of the Commission, the introduction of restrictions on the length of proceedings and the opportunity to challenge a decision of the adjudicating panel of the Commission by filing a relevant application to the participant and to submit the case to court were exposed. In the assessment of the proceeding concerning the approval of remuneration tables for objects of copyright or related rights, its consistency and compatibility with the concepts of the modern settlement of disputes were indicated. Additionally, the compliance of the provisions with the EU law standards laid down in the latest EU legislation was underlined, including regulations aimed at ensuring the coordination of national provisions concerning the conditions for copyright and related rights management by collective management organizations to ensure a high level of management, transparency and reporting according to the objectives of Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market. It can be concluded that it is possible and desirable to use the modern alternative methods of dispute resolution in the area of proceeding on the approval of remuneration tables, particularly in disputes concerning the application of the approved remuneration tables.