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This is an informal case summary prepared for the purposes of facilitating exchange during the 2025 WIPO IP Judges Forum.

Session 5: Copyright Related Rights

Provincial Administrative Court in Warsaw, Poland [2016]: Case No. VI SA/Wa 823/16

Date of judgment: August 24, 2016

Issuing authority: Provincial Administrative Court in Warsaw

Level of the issuing authority: First instance

Type of procedure: Judicial (Administrative)

Subject matter: Copyright and Related Rights (Neighboring Rights)

Plaintiff: Sp. z o.o. in W.

Defendant: President of the National Health Fund

Keywords: Related Rights, Reader, Artistic Performance

Basic facts:

By the contested decision of (...) February 2016, the President of the National Health Fund upheld the decision of the Director of (...) of the Provincial Branch of the National Health Fund of (...) February 2014, which determined that J. L. was subject to compulsory health insurance on the basis of her employment under a contract concluded with J. Sp. z o.o. with its registered office in (...).

The subject of the contract was the performance of the role of reader in a radio commercial,

to be held on a specific date and in a specific place. The reader undertook to strictly follow the instructions and orders of the contracting parties, the executive producer, the director, and the production manager

Relevant holding with respect to copyright related rights:

A performing artist is someone who performs someone else's work without changing its content, but interpreting it in an artistic, creative way that bears their individual mark. Among performing artists, Article 85(2) of the Act on Copyright and Related Rights lists actors and reciters as examples. Therefore, the activities of a reader artist participating in the recording of an advertising spot may result in an artistic performance within the meaning of Article 85(1) and (2) of the Copyright and Related Rights Act, provided that such a reader (voice-over artist) reads the text assigned to them in a creative manner, i.e., characterized by individual interpretation.

Relevant legislation:

Article 85 of the Act of February 4, 1994, on Copyright and Related Rights,

Article 102(5)(24) in conjunction with Article 109(5) and (6) and Article 66(1)(1)(e) of the Act of August 27, 2004, on Healthcare Services Financed from Public Funds.

Relevant Treaties

Beijing Treaty on Audiovisual Performances

WIPO Performances and Phonograms Treaty (WPPT)