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Decision of the Ministry
ZAPA

Pursuant to Article 104 section 3 of the Act dated 4 February 1994 on Copyright and Neighbouring Rights (Journal of Laws of 2000, No 80, item 904, of 2001, No 128, item 1402, and of 2002, No 126, item 1068 and No 197, item 1662) and Article 155 of the Code of Administrative Procedure, upon reviewing the application filed by the Polish Filmmakers Association, with its registered office in Warsaw, I hereby decide to modify the Decision of the Ministry of Culture and Art dated 29 May 1995, reference number DP.041/Z/13/95, modified by the Decision dated 23 October 1998, reference number DP.WPA.041/Z/5/98, to state as follows

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[The official emblem of the Republic of Poland]
THE MINISTER OF CULTURE---
Waldemar Dąbrowski---

DP.WPA.024/36/03/ik---

Warsaw, 28th February 2003.---

 

DECISION

 

Pursuant to Article 104 section 3 of the Act dated 4 February 1994 on Copyright and Neighbouring Rights (Journal of Laws of 2000, No 80, item 904, of 2001, No 128, item 1402, and of 2002, No 126, item 1068 and No 197, item 1662) and Article 155 of the Code of Administrative Procedure, upon reviewing the application filed by the Polish Filmmakers Association, with its registered office in Warsaw, I hereby decide to modify the Decision of the Ministry of Culture and Art dated 29 May 1995, reference number DP.041/Z/13/95, modified by the Decision dated 23 October 1998, reference number DP.WPA.041/Z/5/98, to state as follows:---

I hereby grant the Polish Filmmakers Association an authorization for collective management of:---

I. the copyright to audiovisual works within the following areas of exploitation:---
1) fixing,---
2) reproduction with the use of a specific technique, including magnetic fixing and digital technology,---
3) distribution,---
4) entering into computer memory,---
5) public communication
6) screening,---
7) rental,---
8) lending,---
9) broadcasting with the use of cable or wireless vision or sound by ground station and satellite broadcasting,---
10) retransmission,---
11) making a work available to the public whereby any person could have access thereto, at a place and within timeframe selected thereby.---

II. the neighbouring rights of producers of audiovisual works to videograms within the following areas of exploitation:---
1) reproduction with the use of a specific technique,---
2) distribution,---
3) rental,---
4) lending,---
5) communication,---
6) broadcasting with the use of cable or wireless vision or sound by ground station and satellite broadcasting,---
7) retransmission,---
8) making a videogram available to the public whereby any person could have access thereto, at a place and within timeframe selected thereby.---

 

Justification Grounds

 

By the Act dated 28 October 2002 to amend the Act on Copyright and Neighbouring Rights, the current terms were changed (the designation of the areas of exploitation); the terms "lease" and "simultaneous and integral broadcasting of a work broadcast by other radio and television organization" were changed respectively into "lending" and "retransmission". By the Act, another separate area of exploitation was introduced, namely "making a work available to the public whereby any person could have access thereto, at a place and within timeframe selected thereby".---
The aim of the modification of the Decision is to adjust the wording of the authorization to the changes introduced by the Act.---

Instruction:---
This Decision shall be considered final and binding.---
If the party is not satisfied with the Decision, it may file the request with the Minister of Culture that the case be reviewed once again, within fourteen days from the date of delivery hereof.---

Copy to:---
The Polish Filmmakers Association---
Ul. Puławska 61---
02-595 Warsaw---

[The official round stamp with the circumscription reading: THE MINISTER OF CULTURE; the official emblem of the Republic of Poland inside the stamp.]

[The official stamp reading: On behalf of the Ministry of Culture, Under-Secretary of State,
/-/ illegible signature, Rafał Skąpski.]


Decision of the Ministry

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