By decision of the Minister of Culture and National Heritage, SAWP was appointed as a collective management organization to collect and distribute the supplementary remuneration referred to in Article 95³ of the Act on Copyright and Related Rights, payable by the phonogram producer to performers.
The obligation to pay the supplementary remuneration concerns cases where an agreement on the transfer of rights to the artistic performance or granting an exclusive license to a phonogram producer for a single remuneration covers at least one of the fields referred to in Article 95³(2) of the Act, i.e. reproduction, introduction into circulation and communication to the public in such a way that everyone can have access at a time and place of their choice. In other cases, the obligation to pay remuneration does not arise.
Within the meaning of Article 95³ of the Act, a phonogram producer is the entity actually benefiting from the exploitation of the artistic performance. In the event where a producer within the meaning of Article 94 Section 3 of the Act, grants a license for the use of the artistic performance to a third party, that third party is obliged to pay supplementary remuneration.
For more information, please contact SAWP Office