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Film development – practical tips
In film production, the development period is the most creative one. However, it is essential to check at this stage whether all creative concepts are feasible in organisational, financial, and legal aspects. The fluency of further work and the success of the whole film production project also depends on the reliable execution of development. Which [...]

When fiction can offend. Examples of infringement of personal rights in fictional films
"Fictional works are not outlawed if they defame real people," said a US federal court in a dispute between chess champion Nona Gaprindashvili and Netflix. The famous chess player sued the platform for defamation over words spoken in the series "The Queen's Gambit". During a tournament in Moscow, the announcer introduces the main character (fictional [...]

Film production: licence or copyright transfer agreement?
In film production, the standard - resulting both from the requirements of financing public institutions and the weakness of Polish legal regulations on licensing, which do not guarantee the stability of such licensing relations - is the conclusion of agreements on the transfer of rights. An exception is sometimes the inclusion of existing music or [...]

First applications for incentives in 2022 on the PISF reserve list
The register of financial support kept by the Polish Film Institute shows that the first applications for financial support this year were placed on a reserve list. This means that the pool of funds provided in 2022 for this form of support for producers of audiovisual works is about to be used up. Under the [...]

Liability for disseminating disparaging content on the Internet
According to the report of the Central Statistical Office entitled "Information society in Poland in 2021", published on 21 February this year [1], last year 92.4 percent of Polish households had access to the Internet. Unfortunately, as the number of Internet users increases, so does the potential scale of infringements of third-party rights online, which [...]

What's new in the 2022 Operational Programmes?
4 February 2022 was the deadline for submitting applications under the first session of the Film Production Operational Programme for 2022. What are the Operational Programmes of the Polish Film Institute and what changes await us this year? PISF Operational Programmes The act of 30 June 2005 on cinematography obliges the Polish Film Institute to [...]

Is an indebted affiliate really the fifth wheel? About financial support from PISF
Providing financial support by the Polish Film Institute is undoubtedly an important aspect of creating conditions for the development of Polish audiovisual projects. However, when filling in applications for grants and incentives, the applicant may be in doubt whether the condition of its affiliated entities may prevent it from receiving funding. Therefore, does the bad [...]

YouTube channel as a VOD service - notification obligation and other requirements under the Broadcasting Act.
The National Broadcasting Council has issued a communiqué reminding of the obligation to apply for an entry on the list kept by the Chairman of the National Broadcasting Council. The communiqué also confirms that - upon fulfilling certain prerequisites - the obligation to notify, and consequently other obligations incumbent on VOD providers, also covers entities [...]

Commercial communications in the light of the amended Broadcasting Act
On 1 November 2021, an amendment to the Broadcasting Act came into force. The changes are due to the need to implement Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018[1]. In addition to the provisions on the operation of video sharing platforms, or changes to the labelling of content [...]

Video sharing platforms in light of the amended Broadcasting Act
On 1 November 2021, an amendment to the Broadcasting Act and the Cinematography Act came into force, which introduced full regulation of video sharing platforms. How is the situation for providers shaping up right now? Implementation of the directive The changes introduced by the amendment were due to the need to implement Directive 2018/1808 of [...]

New obligations for video content providers starting in November!
The amendments to the Broadcasting Act and the Cinematography Act entered into force on 1 November 2021, and selected provisions will apply from 1 January 2022. The amendments are due to the need to implement Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018. [1] In addition to regulating the [...]

New version of the Incentives Act - what changes will be made?
Public consultations are underway on the draft amendment to the Act of 9 November 2018 on financial support for audiovisual production, the so-called Incentives Act. Among other things, the draft provides the end of the automatic granting of grants and indicates that applications for funding will be reviewed by independent experts. Current rules Three years [...]

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