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PERSONAL RIGHTS AND MEDIA CRISES
Will the "anti-SLAPP" directive bring expected change to the public debate protection standard?
On May 6, 2024, Directive 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings, referred to in the media as the "anti-SLAPP Directive," went into effect. Will the new EU regulation bring the expected change in the standard of protection of public debate? As the directive's preamble [...]


FILM, MEDIA & GAMING
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 [...]


PERSONAL RIGHTS AND MEDIA CRISES
Does the sale of used electronic books (e-books) require the consent of the author?
Although e-books account for only 3-6% [1] of the book market in Poland, according to publicly available data, people choosing a digital book read almost three times more than readers of printed books. At this point, the question arises – can used e-books be legally purchased? On 19 December 2019, the Court of Justice of [...]


PERSONAL RIGHTS AND MEDIA CRISES
Why entrepreneurs should prepare for a change in civil procedure?
6 changes in the CCP with a significant impact on business. 6 reasons to read this article. On 7 November 2019 and 1 January 2020, two amendments to the Code of Civil Procedure will come into force, which will have a significant impact on conducting business in Poland and even on maintaining the financial liquidity [...]


PERSONAL RIGHTS AND MEDIA CRISES
Careful with ‘liking’?
‘Like’ – the symbol of a thumb raised with the words ‘I like it!’ – has revolutionized social media. Expressing emotions on the web has never been as easy as it is now – all you need is just one click. Not surprisingly, the average use of this button on websites is several billion a [...]


PERSONAL RIGHTS AND MEDIA CRISES
Images of persons captured during events: principles of exploitation
Any organizer of a corporate event, concert, outdoor event, conference, etc., will sooner or later face the issue of exploiting images of participants, whether they are artists, speakers, members of staff or guests themselves. First, it must be emphasized that the right to one's image is part of personal rights, to which every human being [...]


PERSONAL RIGHTS AND MEDIA CRISES
Dear entrepreneurs, disputes with consumers do not have to end up in court
More than two weeks ago, the law on extra-judicial consumer dispute resolution came into force, designed to introduce a quick and inexpensive way of solving disputes, uniform throughout the EU – and will also be important for e-commerce. Over time we’ll see whether and how the new system will work. The act on extra-judicial resolution [...]


PERSONAL RIGHTS AND MEDIA CRISES
Dear journalists, the freedom of speech has its limits!
The European Court of Human Rights (ECHR) issued a judgment in the case of Dorota Kania v. Poland, which confirms that journalists must assume responsibility for their words and cannot hide behind the freedom of speech. Especially when they abuse it. In the judgment handed down on 4 October 2016 (application No 44436/13), the ECHR [...]


PERSONAL RIGHTS AND MEDIA CRISES
Czesław Mozil wins dispute over the use of the Solidarity wordmark
Could the use of the famous Solidarity wordmark in the “Nienawidzę Cię Polsko” (I hate you, Poland) music video infringe the goodwill of the Union and its copyright? The chairman of  Solidarity, Mr. Piotr Duda filed a complaint against Czesław Mozil, the author and the performer of the song. In the music video for the [...]


PERSONAL RIGHTS AND MEDIA CRISES
What is the price of copyright infringement?
The legal environment has been moved by the Constitutional Court ruling of 23 June 2015 (SK 32/14), in which the Court held that three times the remuneration for culpable violation of copyright is incompatible with the Polish Constitution. The problem is that this subject did not make it to the minds of Polish creative industry. [...]


PERSONAL RIGHTS AND MEDIA CRISES
Can we infringe neighbour’s moral rights by buying daughter a computer and not controlling the way of using it?
In the judgment of 20 February 2014 (I ACa 1047/13) the Court of Appeals in Katowice ruled that the owner of a computer and Internet connection may not be held liable for the infringement of moral rights based on the fact that they gave access to persons which may have made offensive statements in the [...]


PERSONAL RIGHTS AND MEDIA CRISES
“Smile! You’re on candid camera!” Journalistic provocations versus privacy protection in the ECHR’s decision in Bremner v. Turkey
A hidden camera in the hands of a journalist is a controversial tool. Such methods of gathering materials may raise objections as to their compliance with the journalistic ethics and standards. On the other hand, it is often the only way to gather information on important matters. Many would have never seen the light of [...]


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