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

Abstrakt

The paper includes the presentation and discussion on the proceeding rulesregarding the approval of the remuneration tables for the use of objects of copyrightand related rights within proceedings conducted by adjudicating panels of theCopyright Commission in accordance with the provisions of the Act on Copyrightand Related Rights of 4 February 1994.The Copyright Commission conducts the proceedings essentially based on theprovisions amended by the Constitutional Tribunal in its judgment of 24 January 2006case file SK 40/04, in which it ruled on the unconstitutionality of Article 108(3) ofthe aforementioned Act on Copyright regarding proceedings before the Commissionon the approval of the remuneration tables for the use of objects of copyright orperformances submitted by collective management organizations. As a result of theamendment, the binding regulations provide for defining the scope of proceedingbefore the Commission on the approval of rates submitted by collective managementorganizations with ensuring, in case of contesting a Commission’s decision, thepossibility to continue the proceedings before a general court. In the legislation theparticipation of parties in determining the composition of the adjudicating panel ofthe Commission, the introduction of restrictions on the length of proceedings and theopportunity to challenge a decision of the adjudicating panel of the Commission byfiling a relevant application to the participant and to submit the case to court wereexposed. In the assessment of the proceeding concerning the approval of remunerationtables for objects of copyright or related rights, its consistency and compatibility withthe concepts of the modern settlement of disputes were indicated. Additionally, thecompliance of the provisions with the EU law standards laid down in the latest EUlegislation was underlined, including regulations aimed at ensuring the coordinationof national provisions concerning the conditions for copyright and related rightsmanagement by collective management organizations to ensure a high level ofmanagement, transparency and reporting according to the objectives of Directive2014/26/EU of the European Parliament and of the Council of 26 February 2014 oncollective management of copyright and related rights and multi-territorial licensingof rights in musical works for online use in the internal market.It can be concluded that it is possible and desirable to use the modernalternative methods of dispute resolution in the area of proceeding on the approval of remuneration tables, particularly in disputes concerning the application of theapproved remuneration tables.