Poland’s Constitutional Court has released a ruling in which it states that the country’s regulation obliging any entity violating other entity’s author’s rights to pay the threefold amount of due payment is excessive, and, as a result, should be amended. The latest ruling will oblige the Polish Parliament to modify the authors’ rights bill in line with the Constitutional Court decision, and decrease the amount of the due compensation.
The court made its ruling following a complaint issued by local cable television operator UPC Poland with the support of the Polish Ombudsman’s office. In its decision, released on 23 June [available here in Polish], the court says that Art. 79 of the law on authors’ rights and related rights from 4 February 1994 is “not compliant with … the constitution of the Republic of Poland.”
In particular, the said regulation violates Art. 64, paragraphs 1 and 2, of the Polish constitution, which states that “[e]veryone shall have the right to ownership, other property rights and the right of succession” and “[e]veryone, on an equal basis, shall receive legal protection regarding ownership, other property rights and the right of succession”.