The joint application with ZAiKS for approval of the remuneration table for the screening of films in cinemas dated 6 June 2019 was submitted correctly. On 21 June 2020, the Provincial Administrative Court (WSA) overturned the decision of the Minister of Culture and National Heritage of 6 November 2023, on the basis of which the Minister of Culture, among other things, discontinued the proceedings initiated by the table application of SFP-ZAPA and ZAiKS of 6 June 2019.
In the justification of the contested decision, the Minister took the position that, in his opinion, organisations protecting copyright (SFP-ZAPA, ZAiKS) and organisations protecting related rights (ZASP, STOART, SAWP) have an obligation to submit a single joint application for approval of the remuneration table for display and it is not permissible to conduct proceedings based on the application of copyright organisations only.
The Voivodeship Administrative Court disagreed with this interpretation of the provisions of the Act on Collective Management of Copyright and Related Rights in its ruling. In the oral grounds for the decision, the Court explained that there are no contraindications to the existence of two separate tables relating to copyright and related rights. And consequently, it is permissible, in the Court's opinion, to submit two separate applications for the approval of these tables.
The decision of the Regional Administrative Court refutes the unfounded accusations made by some royalty payers against SFP-ZAPA, who claimed that the organisation had not fulfilled its legal obligation and had not submitted a correct application for approval of the salary tables. At the beginning of June, it had been 5 years (!) since SFP-ZAPA and ZAiKS submitted a joint application for approval of the table. It remains to express deep regret that over these long years, while the creators were waiting for the approval of the tables, the application remained without substantive evaluation solely due to the incorrect interpretation of the regulations adopted by the administrative bodies and supported by associations representing cinemas. We hope that the Court's ruling will put an end to the formal wrangling of the opponents of the tables, which will finally be considered on the merits as soon as possible. I have no doubt that this should be of interest to all market participants. Both organisations protecting creators and artists, as well as associations representing cinemas that are rights users,’ commented on the court's decision Dominik Skoczek, director of SFP-ZAPA.