No one remembers what a VCR is anymore, now smartphone manufacturers will pay artists

In a landmark decision, the Warsaw Court of Appeal has affirmed that tech giants like Sony are liable for copyright royalties on devices that enable copying, even if those specific devices weren't envisioned when the relevant regulations were first drafted. Rzeczpospolita reports on this crucial ruling, which clarifies the application of copyright law in the face of rapid technological evolution.

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The legislator, when formulating Article 20 of the Act in 1994, foresaw that technological progress would occur. Therefore, he specified an open catalog of devices subject to fees.

The core of the legal battle lies in the interpretation of a 1994 copyright law, which stipulated that fees are due on devices allowing users to make copies of published works. While a subsequent ministerial regulation from 2007 listed specific devices like VCRs and tape recorders, it did not explicitly include modern gadgets such as smartphones and laptops. Sony's argument, Rzeczpospolita notes, likely centered on this omission, suggesting they shouldn't pay for devices not itemized in the regulation.

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This means that the obligation to pay fees has always resulted directly from the statutory provision.

However, the court's reasoning, as detailed in the article, is that the law's intent was always to encompass technological progress. The mention of older devices was illustrative, not exhaustive, with the law broadly covering 'other similar devices.' This precedent is significant for Poland, as it ensures artists and creators continue to be compensated for the use of their work, regardless of the platform. It highlights a legal framework designed to be adaptable, recognizing that the spirit of copyright protection must extend beyond the specific technologies of the past, a perspective that resonates strongly within a country that has a rich artistic heritage and a growing digital economy.

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Today, all functions of earlier devices have been taken over primarily by the smartphone. I am talking about a device that is actually compared by some to a computer – it can have a large memory and allow for various exploitation of works.