Seeking financial compensation for the infringement of the author’s economic rights P 14/19
Ref. No. P 14/19
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 5 November 2019
The Constitutional Tribunal, composed of:
Wojciech Sych – Presiding Judge
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Julia Przyłębska – Judge Rapporteur
Michał Warciński,
Recording Clerk – Krzysztof Zalecki
having considered, at a hearing on 5 November 2019 – in the presence of the court referring the question of law as well as the Sejm and the Public Prosecutor-General – the question of law referred by the Supreme Court of the Republic of Poland as to whether:
Article 79(1)(3)(b) of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws – Dz. U. of 2018 item 1191, as amended) – insofar as an eligible author whose economic rights have been infringed may seek financial compensation, from the person who is responsible for the infringement, in the amount that equals doubled royalties that would, at the time of making the claim, be receivable for the permission to use a copyrighted work – is consistent with Article 64(1) and (2) in conjunction with Article 31(3) in conjunction with Article 2 of the Constitution,
adjudicates as follows:
Article 79(1)(3)(b) of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws – Dz. U. of 2019 item 1231, as amended) – insofar as an eligible author whose economic rights have been infringed may seek financial compensation, from the person who is responsible for the infringement, in the amount that equals doubled royalties that would, at the time of making the claim, be receivable for the permission to use a copyrighted work – is consistent with Article 64(1) and (2) in conjunction with Article 31(3) in conjunction with Article 2 of the Constitution of the Republic of Poland.
The ruling was unanimous.
Wojciech Sych
Grzegorz Jędrejek
Zbigniew Jędrzejewski
Julia Przyłębska
Michał Warciński