Cc-europe mailing list

[Krzysztof Siewicz <krzysztof AT creativecommons.pl>]

Dear all,

please find below answers relating to Poland

W dniu 30.05.2012 23:21, Paul Keller pisze:
> (1)  Is there a rule of precedence or other similar rule in your jurisdiction 
> that precludes collection by a non member CC licensor of monies collected on 
> his/her behalf through an extended collecting licensing arrangement?  Please 
> identify the law or other source (via a link or other), if possible.

There is no practice in this area as far as I know, but judging from 
statements made by some CS representatives, CC licenses would be treated 
as taking precedence, thus the licensor from the share in CS-collected 
money.

From the legal perspective, rights to certain remuneration cannot be 
waived - such as private copying levies. So, CC licensors should not be 
excluded from this money.

Also, in broadcasting, CS intermediation is mandatory (as provided in 
the cable/satellite directive), and it can be excluded only in writing. 
Since majority CC licenses are not concluded in writing, one could argue 
that such CC licensors should not be excluded from broadcasting 
royalties. There is a similar case with cable retransmission, where CS 
intermediation cannot be excluded in any way.

> (2) If such a rule does exist, can a non member/CC licensor opt out of that 
> treatment through some means and still both use CC licenses (as is, with the 
> waiver) and receive those monies?

Licensor can demand non-waivable remuneration as a matter of law. It is 
also possible (at least theoretically) to negotiate individually with CS 
as far as other areas are concerned.

> (3) If such a rule does exist and there is no opt out, please propose if 
> possible suggested language for the CC license that changes that result, such 
> that that non members could both use CC licenses and still collect monies 
> separately collected by such a CS under the EC license?

No ideas at the moment.


Regards,
Krzysztof Siewicz