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
Court of Appeal in Warsaw, Poland [2013]: Case No. VI ACa 480/13
Date of judgment: December 3, 2013
Issuing authority: Court of Appeal in Warsaw
Case No. VI ACa 480/13
Level of the issuing authority: Appellate Instance
Type of procedure: Judicial (Civil)
Subject matter: Copyright and Related Rights (Neighboring Rights)
Plaintiff: M. G.
Defendant: (...) sp. z o.o. in W.
Keywords: copyright related rights, consent to use of an image
Basic facts:
The claimant indicated that he was originally hired as an “extra - background” in a television commercial for the (...) network by the (...) P. K. Agency, but during filming, at the request of the production manager, he played an acting role. The plaintiff indicated that the defendant refused to pay him remuneration for his acting, claiming that the plaintiff's participation in the commercial was limited to being an “extra – background”.
Relevant holdings in relation to copyright related rights:
The wording of Article 85(2) of the Act of February 4, 1994, on Copyright and Related Rights refers to the distinction already found in doctrine between performers in the strict sense of the word and those who contribute creatively only to the creation of someone else's performance. However, in order for a contribution to a performance to justify the status of “performing artist” for the contributing person, it must also be made “in a creative manner.”
The provision of Article 81(1) of the Act on Copyright and Related Rights does not require that consent to the use of an image be expressed in writing. It may be granted in any form, and the fact that consent to the publication of an image has been given may be established by any means of evidence.
Relevant legislation:
Article 81 and 85 of the Act of February 4, 1994, on Copyright and Related Rights
Relevant Treaties
WIPO Performances and Phonograms Treaty (WPPT)