Polish plans to introduce in 2026 a levy for private copying on smartphones, TV sets, tablets or other equipment - commentary by Janusz Piotr Kolczyński, attorney-at-law
On July 27, 2025, "Interia Biznes" wrote about Polish plans to introduce in 2026 a levy for private copying on smartphones, TV sets, tablets or other equipment (link in commentary section).
These fees, of up to 3%, are collected in Poland by so-called designated collecting societies such as: SAWP, STOART, SAiW Copyright Polska or the Authors' Association Stowarzyszenie Autorów ZAiKS and SFP-ZAPA.
In the "Interia" text by Paulina Błaziak some of comments by Janusz Piotr Kolczyński Attorney-at-law, indicating, among other things, the unconstitutional character of the changes:
lack of empirical research,
- lack of empirical research,
- going beyond the statutory delegation,
- non-compliance with CJEU case law and the InfoSoc Directive (2001/29),
- lack of copying element.
