Collective management organisations
operate in Poland under the Law on Copyright and Related Rights. Within the meaning of this law, such organisations are associations of creators, performing artists, producers or radio and television broadcasting organisations, whose statutory objective is the collective management and protection of copyrights and related rights entrusted to them and the exercise of rights ensuing from this law (Article 104, paragraph 1).
Collective management organisations remain under the supervision of the Minister of Culture and National Heritage. In order to become a collective management organisation, an association has to obtain a permit of the Minister to undertake statutory activities specified in the Law. The exercise of rights ensuing from the law is connected with obtaining relevant powers and obligations.
These include:
- administration and protection of entrusted copyright and related rights,
- granting licenses for the use of works covered by copyright and related rights and collection of due remuneration in this respect,
- the right to appear in court on behalf of represented right owners,
- the right to demand from the user of rights access to specific information and documents for review,
- presumption on collective management, i.e. no need to prove representation of a specific rights owner,
- the right to apply for criminal prosecution of entities infringing the copyright and related rights.
Collective management organisations in the Law on Copyright
and Related Rights (Article 104, 105,106,107,108,110).
At present there are 15 collective management organisations operating in Poland, 6 of which deal with related rights. Four of them administer the rights connected with the use of music (ZPAV, ZAiKS, STOART, SAWP) and the remaining two - the rights related to the use of films and television programs (SFP and ZASP):
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the Polish Recording Industry Association (ZPAV), representing the rights of producers, i.e. rights owners of music recordings | |
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the Polish Society of Authors and Composers (ZAIKS), representing the rights of composers and authors of lyrics | |
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the Polish Association of Performing Artists (STOART), representing the rights of music performers | |
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the Polish Association of Performing Artists of Music and Music with Lyrics (SAWP), similarly to STOART, representing the rights of music performers | |
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the Association of Polish Filmmakers (SFP), representing producers, authors and co-authors of audiovisual works, i.e. films. | |
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the Association of Polish Stage Artists (ZASP), representing actors and other stage artists |
In order to use music legally, one has to conclude relevant agreements and pay due fees to four organisations dealing with the rights related to music. Businesses which use TV sets to broadcast also non-music content, such as films/TV programs, should have additional agreements signed with organizations representing the holders of rights related to the use to films and TV programs.
