Royalties for Actors
ONLINE ROYALTIES ARE NOT EVERYTHING | TIME FOR POLAND
We call on the authorities to respect the rights of artists and creators and to correctly implement the EU Directive, that is, royalties from the internet, digital platforms, and cable networks.
WHAT IS IT ABOUT?
In recent months, further versions of the draft amendment to the Act on Copyright and Related Rights have been published on the website of the Government Legislation Centre. The purpose of the amendment is to implement into Polish law EU Directive 2019/789 (the SATCAB II Directive) and EU Directive 2019/790 (the DSM Directive). These directives adapt copyright law to current technological progress in the creation and distribution of artistic performances. Among other things, the DSM Directive required Member States to introduce statutory provisions guaranteeing creators and performers the right to remuneration for the online distribution of audiovisual works.
The latest version of the draft already includes provisions on the above-mentioned online royalties; however, it does not take into account ZASP’s demands regarding the introduction of appropriate statutory provisions guaranteeing creators and performing artists remuneration for the distribution of audiovisual works featuring them on digital platforms and cable networks.
VoD
broadcasters
broadcasters
WHO DOES NOT PAY ROYALTIES TO ACTORS?
Digital platforms and cable networks that distribute films and series featuring us earn huge profits from the work of performing artists and do not want to pay the remuneration that is rightfully due. They scare you, the viewers, saying that paying our royalties will force them to raise fees for watching films and series on their services. But experience from other countries does not confirm this at all.
We are not fighting for money from the government or for public funds.
We are demanding the remuneration we are owed from large corporations that make enormous profits from our work.
-
Streaming VoD platforms
(e.g. Netflix, HBO MAX, Player, Polsat Box GO, etc.) -
Encrypted broadcasters
(e.g. HBO, Canal+, Comedy Central, etc.) -
Paid cable and satellite TV operators
(e.g. Canal+, Cyfrowy Polsat, Vectra, Inea, etc.)
*Some distributors pay royalties to actors for re-broadcasting. This applies to films and series made before 1994, for which producers did not acquire performers’ rights from the actors.
-
Free-to-air broadcasters,
(e.g. TVP, Polsat, TVN, etc.)
Online royalties
Thanks to firm reactions from the film and acting community, the provisions guaranteeing “online royalties” have been restored. This is an important step in defending the rights of creators and performing artists in the digital era. However, the fight to keep these provisions in Article 70 should not stop.
It is still necessary to work towards introducing proper regulations on re-broadcasting. Therefore, efforts must continue to supplement the Act with appropriate provisions on re-broadcasting by decision-makers.
RE-BROADCASTING ROYALTIES
WHAT IS RE-BROADCASTING, ACTUALLY?
Re-broadcasting is the distribution of television programmes (films, series, Television Theatre productions and others) via cable networks or through digital platforms (via satellite).
The draft Act lacks definitions of broadcasting and re-broadcasting that comply with European law, as well as provisions on remuneration for creators and artists for the re-broadcasting of audiovisual works.
WHAT DOES THIS MEAN FOR ACTORS?
The absence of these provisions means that the process of receiving royalties for the distribution of films and series (e.g. on digital platforms or cable networks) will be significantly more difficult.
Royalties from free-to-air television
Royalties from free-to-air, unencrypted television are an important source of income for creators and performing artists. They constitute due remuneration for the broadcasting of their works and artistic performances in films and series by television stations. Almost all such broadcasters (e.g. TVP, TVN) regularly pay actors royalties for airing programmes featuring them.
ARTIST, YOU HAVE THE RIGHT TO ROYALTIES
As actors performing roles in films and series, unfortunately we enter into unfavourable contracts with producers.
Producers, as the stronger party, impose contractual clauses under which we transfer all economic rights to our performances to them.
As a result, our negotiating power in this area is currently very limited.
To address this, the Polish legislator introduced, in Article 70 of the Act on Copyright and Related Rights, the right to so-called royalties. Under the Act, actors are entitled to royalties for the broadcasting of their productions on television, screening in cinemas, reproduction on DVD discs, as well as for public performance.
The essence of these provisions is that even if, as an actor, you transfer all rights to your artistic performance to the producer under a contract, you are still entitled to royalties for the exploitation of productions featuring you.
The right to royalties under Article 70 of the Copyright Act is non-transferable, cannot be waived, and is not subject to enforcement.
What does this mean in practice?
If a producer forces you, as an actor, through contractual clauses to sell or waive your right to royalties, such a clause is legally invalid. As an actor, you have an unquestionable right to this remuneration. Always.
Therefore, a fundamental issue for us is to clearly define in Article 70 of the Act on Copyright and Related Rights exactly when this remuneration is due. This concerns the so-called fields of exploitation, i.e. the ways in which productions featuring us can be viewed. Until now, the Act has guaranteed us remuneration for screenings in cinemas, broadcasting on television, and reproduction on DVD discs. These provisions were created 30 years ago. Today, in the era of the Internet, streaming, VoD, digital platforms, and cable television, an urgent amendment of this Act is necessary, including guarantees of our remuneration from new forms of distribution.
The collection, calculation, and payment of royalties to entitled creators and performers is handled by the relevant Collective Management Organisations. The parent CMO for actors is ZASP.
However, statutory guarantees of the right to royalties are only the beginning. The royalties due to actors still need to be negotiated, often fought for in court, and then distributed and paid out. All of this is handled by our actors’ association – ZASP.
POLAND – THE LAST COUNTRY
IN THE EUROPEAN UNION
that has still not implemented the Directive on copyright and related rights in the Digital Single Market.
The deadline for implementing the Directive passed on 7 June 2021.
We ask the government for support so that fair remuneration for performing artists, without any discrimination, also becomes a reality in Poland.
AUDIO FORMATS
We do not forget about actors whose performances are used in audio formats such as:
- radio plays
- radio theatre productions
- audiobooks
We see no reason to treat this group of actors differently from creators and actors in audiovisual works.
As part of our comments on the amendment to the Copyright Act, we submitted proposed provisions guaranteeing actors performing in audio formats remuneration from the internet, on principles analogous to the remuneration of creators and performing artists in films and series as set out in Article 70(21) of the Copyright Act.
This would mean that an entity providing users with such audio formats on an on-demand basis (e.g. a radio play), for which it charges a fee, would be obliged to pay appropriate remuneration to the actors.
Such services, in the case of performances of musical works, spoken–musical works, as well as word-based works, are becoming increasingly common and generate ever higher revenues for the entities that provide them.
SUMMARY
We want and we are fighting for online royalties, together with technological progress in forms of distribution, to also cover actors in radio plays, radio theatre productions, and audiobooks!
OUR DEMANDS
ONLINE ROYALTIES
i.e. from VoD streaming platforms (e.g. Netflix, HBO MAX, Player, Polsat Box GO, etc.)
RE-BROADCASTING ROYALTIES
i.e. from digital platforms and cable networks (e.g. Canal+, Cyfrowy Polsat, Vectra, Inea, etc.)
ROYALTIES FROM AUDIO FORMATS
e.g. from audiobooks, radio plays
The right to these forms of remuneration should be non-transferable, not subject to waiver or enforcement, and claimed/collected on behalf of all entitled actors by the competent collective management organisation, which is ZASP.
They write about us
MATERIALS FOR DOWNLOAD
- ZASP’s position on the draft Act amending the Act on Copyright and Related Rights of 14 February 2024 [PL]
- ZASP LETTER TO THE MINISTRY OF CULTURE AND NATIONAL HERITAGE (MKiDN) IN 2022 [PL]
- Letter to the Prime Minister regarding royalties for actors – ZASP, ZZAP, ZZTD, 30 April 2024 [PL]
- ROYALTIES FOR ACTORS – POSTER [PL]
- RE-BROADCASTING – POSTER [PL]
- ROYALTIES – POSTER [PL]
- ROYALTIES – LEAFLET [PL]
News [PL]
