Main Page   |   The Polish Filmmakers Association   |   Search   |   Polish   polish
ZAPA Regulations
ZAPA

THE OPERATING REGULATIONS OF THE SEPARATE COLLECTIVE RIGHTS MANAGEMENT UNIT OF THE SFP (POLISH FILMMAKERS ASSOCIATION) EXISTING UNDER THE NAME “ZAPA” (Union of Audiovisual Authors and Producers)

See more

Adopted by the SFP Management Board by the resolution of 19 December 1995, as amended by the resolutions of 13 November 1997, 9 July 2002 and 16 April 2008.

 

1.1.    The Polish Filmmakers Association shall create, within its organisational structure, a separate unit for the collective management of copyrights and related rights which will operate under the name “ZAPA” (Związek Autorów i Producentów Audiowizualnych - Union of Audiovisual Authors and Producers). 

1.2.    The mission of ZAPA shall be to run any and all matters connected with the collective management of copyrights and related rights. The tasks of ZAPA shall include but will not be limited to the following:

a)      negotiate contracts with users of audiovisual works; 

b)      file applications for approval of fee rate tables with the Copyright Commission;  

c)      participate in proceedings before the Copyright Commission in cases relating to fee rate tables of organisations that manage copyrights and related rights if such tables may affect collective rights management with respect to audiovisual works; 

d)      apply to the Minister competent for culture and other government authorities in matters vital to the exercise of rights to audiovisual works; 

e)      negotiate contracts with foreign collective management organisations; 

f)       initiate and oversee court proceedings relating to payment of fees for rightsholders represented by the SFP; 

g)      prepare regulations of distribution of fees and carry out such distribution; 

h)      monitor the scope of use of audiovisual works and check if payments made by users are correct; 

i)        prepare reports on activities of the collective management organisation for the Minister competent for culture.

2.1.    Persons who have entrusted the SFP with management of their copyrights or related rights shall be assigned to one of the two teams: an author’s team or a producers team. 

3.1     The works of ZAPA shall be managed by a Director, under supervision of an Administrative Board appointed to this end. 

3.2     The Administrative Board shall consist of 9 members, of which 3 members will be appointed by the SFP Management Board from among its members, 3 members will be appointed by the authors team and 3 members will be appointed by the producers team, for a 3-year term of office. 

3.3     The Administrative Board shall elect, from among its members, a Chairperson, a Deputy Chairperson and a Secretary. 

3.4     Meetings of the Board shall be called by the Chairperson, at least once in a quarter. Members of the Board must be notified of a meeting date in writing at least 10 days in advance and such a notification letter must include a planned agenda. Upon the request of one third of the members of the Administrative Board, the Chairperson shall be obliged to call a meeting forthwith, while indicating the reason behind such an extraordinary meeting in the notification letter. 

3.5     The Administrative Board shall pass resolutions that are binding on the ZAPA Director in the following matters: 

a)      to approve a fee rate table system proposed by the ZAPA Director; 

b)      to approve fee distribution regulations submitted by the Director; 

c)      to approve the organisation chart of ZAPA; 

d)      to express an opinion on a candidate for the ZAPA Director; 

e)      to adopt its operating regulations; 

f)       to accept annual reports on the activities of ZAPA and to provide guidelines on its further activities; 

g)      to accept annual financial reports on the activities of ZAPA. 

3.6     The Administrative Board may pass resolutions if at least two thirds of its members are present at a meeting. If the above quorum is not present, a meeting of the Board will be held within 1 week. The presence of 5 members of the Board at such a meeting shall be sufficient to pass a valid resolution that was included in the agenda of the meeting at which such resolution was not passed due to the lack of the quorum of two thirds of the members. The Board shall pass resolutions by simple majority of votes in an open vote. The Chairperson of the Board must order a vote by secret ballot upon request of each member of the Board.

4.1.    The Director shall manage the works of ZAPA single-handedly and shall make decisions in all matters connected with its day-to-day activities, which includes acting as the workplace manager representing the employer vis-à-vis any and all persons employed to perform work in connection with collective rights management. 

4.2.    The Director shall represent the SFP in its external relationships in any and all matters relating to collective rights management. In particular, the Director shall be authorised to negotiate and sign contracts with users and collective management organisations. To this end, the Director will be granted a general power of attorney issued by the SFP Management Board. Such power of attorney shall also cover a right to grant power of attorneys to run court cases on behalf of the SFP to enforce claims resulting from collective rights management. 

4.3.    The Director shall be authorised to carry out transactions connected with incurring liabilities and spending amounts up to EUR 100,000 (one hundred thousand).

5.1.    The activities connected with the collective management of copyrights and related rights shall be covered by separate accounts in the SFP. To this end, any and all proceeds and expenditures shall be received and disbursed via a separate bank account. 

5.2.    The Director shall submit an annual financial report on the activities in the area of collective rights management to the Administrative Board within 60 days after the end of a calendar year.

6.       The ZAPA Regulations and the regulations shall be unclassified documents of the Association and will be made available to any persons who have entrusted their rights to the SFP upon each request. 


Jacek Bromski                                   Janusz Chodnikiewicz
President of the SFP                            Vice President of the SFP

Scroll