Terms of concluding and terminating collective management agreements

Pursuant to Articles 90.2 and 140.1 of the Act of 15 June 2018 on collective management of copyrights and related rights (Dz.U. [Journal of Laws] of 2018, item 1293, hereinafter: “the Act”), SFP-ZAPA publicly announces the terms of concluding and terminating collective management agreements.

The terms laid down below shall apply from 19 April 2019. Pursuant to Article 141.1 of the Act, any existing agreements under which collective management is taking place, signed before that date and therefore non-compliant with the requirements of the Act, shall be aligned with the provisions of that Act by 19 October 2019.

Terms of concluding a collective management agreement

1. The Polish Filmmakers Association (SFP) with registered office in Warsaw is a collective management organisation, as defined in the Act, which operates on the basis of a authorisation issued by the minister responsible for culture and protection of national heritage. The Polish Filmmakers Association conducts collective management of copyrights and related rights through its organisational unit – Union of Audiovisual Authors and Producers (SFP-ZAPA).

2. Based on the permission, SFP-ZAPA is entitled to provide collective management of:

1) copyrights to audiovisual works in the following fields of exploitation:

a) fixation,

b) reproduction using a specific technique, including magnetic recording technique

and digital technique,

c) distribution,

d) entry into computer memory,

e) public performance,

f) screening (projection) in cinemas and similar establishments,

g) rental,

h) lending, broadcasting by means of video or audio by wire or wireless using a uplink station

or broadcasting by satellite, retransmission,

i) making available to the public in such a way that members of the public have access from

a place and at a time individually chosen by them;

2) related rights of audiovisual works producers to videograms in the following fields of

exploatation:

a) reproduction using a specific technique,

b) distribution,

c) rental,

d) lending,

e) performance of the work,

f) broadcasting by means of video or audio by wire or wireless using a uplink station or

broadcasting by satellite, retransmission,

g) making available to the public in such a way that members of the public have access from

a place and at a time individually chosen by them.

3. To the extent specified in the authorisation, SFP-ZAPA shall conclude agreements for collective management of copyrights or related rights (hereinafter: “collective management agreements”) with co-authors of audiovisual works and with producers of audiovisual works, as well as with those who have acquired the above rights, including heirs (hereinafter collectively: “right holders”). It is not required to obtain membership with the Polish Filmmakers Association to conclude a collective management agreement with SFP-ZAPA.

4. SFP-ZAPA may refuse to conclude a collective management agreement with a right holder only for a material reason, and such refusal requires justification in a written or electronic form.

5. The collective management agreement shall specify the relevant works or objects of related rights, fields of exploitation, and territories to which the entrusting of rights into collective management applies. The collective management agreement may specify that the collective management of copyrights or related rights of a particular right holder shall apply to:

1) all of their works or objects of related rights; or

2) works or objects of related rights of a specific type – existing at the time of concluding the

collective management agreement or those which are created during its term.

6. Entrusting one’s rights into collective management under a collective management agreement shall apply in the territory of Poland and in territories covered by SFP-ZAPA management under legal relationships with foreign collective management organisations.

7. Information about the manner of concluding and form of the agreement, as well as model agreements and other documents required to conclude the agreement, are available on SFP-ZAPA website:

1) for co-authors;

2) for producers;

3) for heirs.

Terms of terminating a collective management agreement

1. The right holder and SFP-ZAPA may terminate the collective management agreement at any time, subject to the notice period specified therein. The notice period may not be longer than 3 months, effective at the end of calendar half-year.

2. A collective management agreement may be terminated by SFP-ZAPA only for a material reason and requires justification in a written form.

3. In particular, the following are material reasons for terminating the agreement by SFP-ZAPA:

1) the right holder has provided a false statement about the copyrights or related rights vested

in them;

2) SFP-ZAPA is not notified of any works or objects of related rights in contravention

of the obligations laid down in the collective management agreement;

3) the right holder persistently fails to perform the collective management agreement

or the obligations laid down in the Act, in particular fails to provide SFP-ZAPA with

the information specified in Article 31.1 of the Act;

4) the authorisation for collective management granted to SFP-ZAPA is revoked or amended.

4. Termination of a collective management agreement may apply to the entire collective management agreement or to particular works, objects of related rights, their types, fields of exploitation or territories covered by the agreement.

5. Termination of a collective management agreement shall not affect the validity of agreements on the use of works or objects of related rights, nor agreements on the collection of remuneration for such use, which had been concluded by SFP-ZAPA prior to the last day of the notice period, for a period of 2 years from the last day of the notice period. Such agreements shall thereafter expire in relation to those works or objects of related rights which the termination concerned. Termination of a collective management agreement shall not affect the obligations of SFP-ZAPA in connection with collective management of copyrights or related rights in the period referred to hereinabove.

6. During the period of two years from the last day of the notice period, SFP-ZAPA shall not conclude any agreements on the use of works or objects of related rights, nor agreements on the collection of remuneration for such use, in relation to works or objects of related rights which the termination concerned, unless as a result of the termination it continues to manage the rights to such works or objects of related rights as representative organisation under Article 5.2 of the Act.

Terms and manner of obtaining and losing membership with the Polish Filmmakers Association

The terms and manner of obtaining and losing membership with the Polish Filmmakers Association are governed by its current Articles of Association. The decision to admit a person as member of the Polish Filmmakers Association is made by the Management Board of the Polish Filmmakers Association on the basis of documents submitted by the applicant, which documents can be found here: https://www.sfp.org.pl/zostan_czlonkiem_sfp

Model standard agreements

Public performance:

Model 1 – Public performance, hotels

Model 2 – Public performance, other

Screening:

Model 3 – Ticketed screening, one-off agreement

Model 4 – Non-ticketed screening, one-off agreement

Model 5 – Non-ticketed screening, standing agreement

Model 6 – Ticketed screening, standing agreement (for cinemas)

Model 7 – Ticketed screening, standing agreement (for cinema chains)

Rental – Model 8 – Rental

Retransmission – Model 9 – Retransmission

Multiplication using a specific technique, including magnetic recording technique and digital technique, placement on the market – Model 10 – Reproduction

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