Collective management of copyright and related rights is regulated in Chapter 12 of the Polish Copyright Act. The reporting obligations have been specified in the Regulation of the Minister of Culture and National Heritage of 18 April 2011 on the specific scope of the annual report on the activities of collective management organisations for copyright and related rights.
According to the law, collective management organisations in Poland are associations representing authors, performers, producers or television and radio broadcasters. Their main task is to administer an defend the rights entrusted to them, as well as to exercise the rights conferred to them by law. As associations, they are also subject to the Act on associations of 7 April 1989.
In order to conduct collective management of rights, the organisations operating in Poland need to obtain a prior authorisation from the minister responsible for culture. Such authorisations are delivered to collective management organisations which can guarantee they will be able to manage rights in an appropriate manner. Collective management organisations and other entities can also manage rights under more general rules, outside the scope of the authorisations granted by the Minister of Culture. In this situation, however, the rights granted by law to organisations benefiting from an authorisation do not apply (e.g. presumptions of representation).
The minimum tariffs applied by collective management organisations are subject to the approval of the Copyright Commission, a body composed of arbitrators appointed by the Minister of Culture on the basis of proposals made by collective management organisations, organisations representing users and broadcasting organisations. The tasks of the Copyright Commission include the approval of the tariffs and of the changes thereto, the resolution of disputes relating to tariffs, the designation of the collective management organisation which will be managing the rights of a rightholder in the case where there are two or more organisations dealing with a particular type of use and the rightholder is not affiliated to any of them.
Collective management organisations are also subject to rules on competition, as well as to the control of the Minister of Culture (e.g. through the obligation to submit transparency reports on a yearly basis).
There are currently 12 collective management organisations which have obtained an authorisation from the Minister of Culture:
Ministry of Culture and National Heritage
ul. Krakowskie PrzedmieÅ›cie 15/17