SAWP represents performing artists who have entrusted their rights under protection, as well as in some cases non-associated artists on a negotiorum gestio basis.
According to the provisions of the Act on Copyright and Related Rights, the performer is entitled to remuneration for the use of the artistic performance. The exploitation covers broadcasting, re-broadcasting or playing with a commercially available copy.
The public performers of an artistic performance of a musical and verbal-musical work is making it available either by means of sound, video or sound and video carriers on which the artistic performance of the work has been recorded or by means of devices used to receive the radio or television programme in which the artistic performance is broadcasted.
The amount of remuneration due to SAWP for public performances of musical and verbal-musical works is determined in accordance with the SAWP Remuneration Tables in the field of public performances.
The entities obligated to pay remuneration (royalties) for public performances of musical and verbal-musical works by artists who have entrusted their rights for protection and under the collective management of SAWP are the so-called users of rights, persons obtaining or intending to obtain benefits from this usage, i.e., among others, broadcasters, Internet broadcasters, owners or managers of discos, clubs, bars, pubs, restaurants, stores, fair halls, retail chains, service establishments, hotels.
The obligation to conclude a contract with the relevant collecting management society remains with the user in accordance with the rule of ignorantia iuris nocet (ignorance of the law is detrimental), which means that the user cannot hide behind ignorance of the regulations and is obliged to find and notify the relevant collecting society about the performance of artistic performances and to conclude appropriate agreements.
The data concerning all collecting societies have been published in Monitor Polski M.P.2004.18.322, indicating the names of the collecting societies, addresses, categories of protected rights and whether protection covers public performances.
Lack of a relevant agreement (performance without paying the remuneration due to the artist) results in criminal liability in accordance with Chapter 14 of the Copyright and Related Rights Act and civil liability in accordance with Article 79, paragraph 1 of the Act. Criminal liability shall also include preventing or hindering the exercise of the right to control the use of artistic performances – pursuant to Article 119 the perpetrator shall be subject to a fine, the penalty of restriction of liberty or imprisonment for up to one year.
Pursuant to art. 5 section 1 of the Act on collective management of copyright and related rights, within the scope of its activities, SAWP may demand information and documents necessary to determine the amount of remuneration and fees claimed by it.
For more details please contact SAWP Office