New developments in copyright
Revocation of the maximum permissible term for assignment of copyright (which was limited to 10 years) is envisaged

The amendments to the Copyright and Neighboring Rights Act (‘CNRA’) aim to clarify certain legal provisions on the copyright objects, the free use of works and the authors' remunerations.


Perhaps the most important legislative amendment for business is the revocation of the maximum permissible term for assignment of copyright (which was limited to 10 years). This amendment is of particular importance in order to ensure the lawful use of copyright, regardless of the object of protection.


Furthermore, the CNRA also introduces the requirements of the European legislation in relation to online services and the unified digital market - Directive (EU) 2019/789 (on the exercising of copyright and neighboring rights applicable to certain online broadcasts by broadcasting organizations and of retransmissions of television and radio programs) and Directive (EU) 2019/790 (regarding copyright and neighboring rights in the unified digital market).


In order to ensure the smooth functioning of the unified digital market, a number of obligations for the online content sharing service providers have been introduced to prevent copyright infringements and ensure fair remuneration for authors. This provides broader protection for authors when it comes to broadcasting, transmission and retransmission of television and radio programs. Each participant in the aforementioned activity must obtain permission for it and to pay remuneration.


Regulated are also the so-called online auxiliary services by means of which television and radio organizations provide electronic access to television or radio programs, and the remuneration due to authors for the use of their works through such a service is determined.


There is also increased liability for providers of online content sharing services. They will be liable if they offer electronic access to works uploaded by users without the necessary permission from the authors, except in cases explicitly envisaged in the law. Any such platform (e.g. YouTube) should set out in its terms and conditions rules for the submission and review of complaints by users and for the resolution of disputes related to the suspension of access to or removal of works.


It is important to stress that non-commercial online libraries such as Wikipedia, open source software development and sharing platforms, etc. remain outside the scope of the obligations.


Last, but not least, the amendments to the CNRA promote the use of codes of conduct, as well as the self-regulation