FNE launches new Salans legal column for film professionalsWARSAW: FNE is
happy to announce the launch a new column from leading intellectual property and
audiovisual law specialists. Experts from Salans IP &
New Tachnology team headed by Małgorzata Darowska will be
offering articles about the most important legal developments relating to the
film and television industries.
This week our
Salans guest expert Karol Laskowski tells FNE readers
about new developments in product placement legislation in
Poland.
POLAND: Collective rights management organizations wants tariffs authorized by Copyright Commission At the moment
there are several proceedings pending before the Copyright Commission initiated
by collective rights management organizations ("CRMOs") like: ZAiKS,
SFP, ZASP, which are aim to have
their table of tariffs authorized. If these tariffs were to be authorized, then
they might have significant impact on the amounts of royalties collected by the
CRMO's from the users, including the broadcasters, cable and satellite
operators.
POLAND: New must-carry/must-offer regulation may lead to copyright infringement On the basis of
the latest amendment of the broadcasting law which came into force on August 10,
2011, the must-carry obligation imposed on the operators was significantly reshaped.
Eventually, the new regulation could lead to a copyright infringement, which
seems not to be taken into account when the regulation was adopted.
 Karol Laskowski
The new amendment to the Polish Broadcasting Act 1992 legalizes product placement in television and radio. Since May 23, 2011 as the act comes into force, the broadcasters will be allowed to broadcast cinematographic and other films, as well as tv series and other shows that include product placement. Product placement is still prohibited in any auditions dedicated for children. The general condition under which the product placement will be allowed is that the broadcaster shall inform the audience that this type of commercial communication was included in the auditions, and in case the audition was produced or commissioned by the broadcaster, also the information on the entity that has located the product shall be attached.
The legalization of product placement is not revolutionary as the brands of goods and services were already part of broadcasted films and tv series for years, also in polish tv productions. Although some true legal concerns, the product placement was included in the auditions on the basis of sponsoring agreements or part of barter agreements. Now the broadcaster will be entitled act in a more transparent manner and we can expect the product placement to grow. The legalization of product placement shall be also important for these producers that cooperate with the broadcasters, as they shall ensure in the coproduction agreements that at least part of the income made out of product placement goes to them.
The amendment of the Polish Broadcasting Act is a result of the implementation of the EU Directive 2010/13/EU, that sets legal framework for audiovisual services in the whole Europe Union. According to the Directive the product placement is generally banned, but the Member States were allowed to derogate from that regulation on conditions set out by the Directive. Most of the European Union countries has decided to allow product placement in their country regulations, although it was very controversial. The Directive supposed to be adopted in the end of 2009.
Karol Laskowski - associate, Salans law
firm
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