Seeking financial compensation for the infringement of the author’s economic rights and/or related rights SK 26/18
DECISION
of 20 November 2019
Ref. No. SK 26/18
The Constitutional Tribunal, composed of:
Wojciech Sych – Presiding Judge
Piotr Pszczółkowski – Judge Rapporteur
Stanisław Rymar
Piotr Tuleja
Michał Warciński,
having considered, at a sitting in camera on 20 November 2019, the constitutional complaint of L.D., which was lodged
with the Constitutional Tribunal for it to consider the conformity of:
Article 79(1)(3)(b) of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws – Dz. U. of 2016 item
666, as amended), in the version in force as of 1 July 2015, which stipulates that an eligible author whose economic rights
and/or related rights have been infringed may seek financial compensation, from the person who has infringed the rights, 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 or a piece protected by related rights –in the part comprising a demand for financial compensation for
the infringement of the author’s economic rights and/or related rights in the amount exceeding the remuneration that would,
at the time of making the claim, be receivable for the permission to use a copyrighted work or a piece protected by related rights – to Article 64(1) and (2) in conjunction with Article 32(1) and (2) in conjunction with Article 31(3) in conjunction with Article 2 of the Constitution,
d e c i d e s:
pursuant to Article 59(1)(2) and Article 59(1)(3) of the Act of 30 November 2016 on the Organisation of the Constitu-tional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072 as well as of 2019, item 125), to discontinue the proceedings.
The ruling was unanimous.
Wojciech Sych
Piotr Pszczółkowski
Stanisław Rymar
Piotr Tuleja
Michał Warciński