<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>In accordance with Article 79 (1)(3)(b) of the Polish Copyright and Related Rights Act, a right holder whose economic rights have been infringed may request the person who infringed those rights to remedy the loss caused by payment of a sum of money corresponding to twice the amount of the appropriate fee. The wording of the above provision indicates that the amount of the lump-sum compensation is not related to the damage sustained by the copyright holder. The ECJ has held that the regulation in question is in conformity with EU law. It follows from the ECJ’s judgment that Polish law permits reduction of a lump-sum claim in a situation where it exceeds the actual damage so clearly and substantially that such a demand would constitute an abuse of rights prohibited under Article 3(2) of Directive 2004/48. The possibility of mitigating damages is therefore a condition for the compatibility of the lump-sum compensation formula with EU copyright law. The aim of this paper is to examine whether the construction of abuse of rights allows for the reduction of the amount of a lump-sum compensation.</p>
</abstract>

In accordance with Article 79 (1)(3)(b) of the Polish Copyright and Related Rights Act, a right holder whose economic rights have been infringed may request the person who infringed those rights to remedy the loss caused by payment of a sum of money corresponding to twice the amount of the appropriate fee. The wording of the above provision indicates that the amount of the lump-sum compensation is not related to the damage sustained by the copyright holder. The ECJ has held that the regulation in question is in conformity with EU law. It follows from the ECJ’s judgment that Polish law permits reduction of a lump-sum claim in a situation where it exceeds the actual damage so clearly and substantially that such a demand would constitute an abuse of rights prohibited under Article 3(2) of Directive 2004/48. The possibility of mitigating damages is therefore a condition for the compatibility of the lump-sum compensation formula with EU copyright law. The aim of this paper is to examine whether the construction of abuse of rights allows for the reduction of the amount of a lump-sum compensation.

The Concept of Abuse of Rights in the Context of the Possibility of Mitigating Lump-Sum Damages Claims in Polish Copyright Law

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

In accordance with Article 79 (1)(3)(b) of the Polish Copyright and Related Rights Act, a right holder whose economic rights have been infringed may request...

The Concept of Abuse of Rights in the Context of the Possibility of Mitigating Lump-Sum Damages Claims in Polish Copyright Law

Publié en ligne: 05 avr. 2022

Pages: 193 - 207

Reçu: 30 nov. 2021

Accepté: 20 févr. 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.12

Mots clés
abuse of rights, copyright law, Directive 2004/48/EC, lump-sum compensation in copyright law

© 2022 Nicholas Ghazal, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The Concept of Abuse of Rights in the Context of the Possibility of Mitigating Lump-Sum Damages Claims in Polish Copyright Law

Publié en ligne: 05 avr. 2022

Pages: 193 - 207

Reçu: 30 nov. 2021

Accepté: 20 févr. 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.12

Mots clésabuse of rights, copyright law, Directive 2004/48/EC, lump-sum compensation in copyright law

© 2022 Nicholas Ghazal, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Mots clés
abuse of rights, copyright law, Directive 2004/48/EC, lump-sum compensation in copyright law