We are really pleased to hear that Netflix intends to share its profits with Polish filmmakers who collaborate with the platform. Each action supporting Polish filmmakers deserves praise. However, we are aware that this kind of one-off move is not a substitute for a good systemic solution
Dominik Skoczek, Dyrektor SFP-ZAPA:
"We are really pleased to hear that Netflix intends to share its profits with Polish filmmakers who collaborate with the platform. Each action supporting Polish filmmakers deserves praise. However, we are aware that this kind of one-off move is not a substitute for a good systemic solution. It is important to remember that Netflix is only a part of the large VOD market. Films or series made by Polish filmmakers are watched on many different platforms. The system should also protect them.
We do not yet really know what specific solution the platform is proposing, so it is difficult for us to assess any details of this project. However, from the information available at the moment, it seems that what Netflix is announcing is in fact the implementation of the so-called bestseller clause. This is the solution provided be the Article 20 of the Copyright Directive. Similar to the one already present in Polish law for a long time. Article 20 of the Copyright Directive provides complementary remuneration for the main (but not all) audiovisual authors in the case of a spectacular success of a work, which could not have been foreseen when the production contract was signed.
Any contractual arrangement between users and authors is of course lawful – after all the freedom of contract principle applies to such arrangements . Any "pilot" solution, as well as a permanent one, can be a great complement to the existing provisions. However, no contractual solution can replace a generally applicable law that will take care of the interests of all, and not just selected audiovisual authors. Statutory solutions ssecure appropriate and proportionate remuneration to every audiovisual author whose content is available on all VOD platforms, regardless of whether it was produced by the platform itself or purchased by the platform on licensing basis. The overall concept of statutory right in Poland additionally provides for a remuneration which cannot be waived, transferred or expropriated. This is an additional mechanism to protect authors, who are usually a weaker party while negotiating contracts. Especially since big platforms with a huge legal support are sitting on the other side of the table.
The statutory, unwaivable and managed through a relevant collective management organisation remuneration system is the only mechanism ensuring all authors a proportional share of the platform's profits from the online exploitation of . It is only under such assumptions that Article 18 of the Copyright Directive can be considered fully implemented into Polish law".