Royalties For Streaming - What Changes Will The Amendment To The Copyright And Related Rights Act Introduce?

After months of deliberations, discussions, and industry protests, the national legislator has adopted an amendment to the Copyright and Related Rights Act ("Copyright Act"), granting creators and performers the long-awaited right to remuneration for the public online distribution of their works. The new provisions will take effect on September 20, 2024.

The DSM Directive and Polish implementation

The amendment implements two EU directives: Directive 2019/789 "SATCAB II"¹ and Directive 2019/790 "Digital Single Market" ("DSM Directive")². The right for creators and performers to receive remuneration for making works available online stems from Article 18 of the DSM Directive. This provision requires member states of the EU to ensure appropriate and proportionate remuneration when creators and performers license or transfer their exclusive rights to exploit their works or other protected subject matter.