“It’s hard for us to believe that representatives of the industry that is so organically connected with the art of film and its creators, wants to deprive them of the remuneration they deserve. This is essentially an attack on the royalty system that has been operating successfully in Poland for several decades,” begins Dominik Skoczek , director of SFP-ZAPA.
The Polish Filmmakers Association reminds about the court case and talks about possible further legal actions
Then he writes, among other things: about the “manipulated information” from the cinema owners’ statement and reminds that on April 26, a hearing will be held in the Supreme Court in which the issue of several million zlotys awarded in the first instance to the filmmakers from Cinema City. “In light of this, it is not surprising that there is a desperate attempt to divert attention and discredit the Polish Filmmakers Association and ZAPA,” he writes.
Skoczek also refutes the arguments of cinema owners regarding the payment of royalties for American productions. “The allegation about receiving remuneration for American films is also untrue. We strongly protest against this – SFP-ZAPA has never and does not collect royalties for screening films produced in the United States,” he emphasizes.
The director of SFP-ZAPA emphasizes that the organization operates in accordance with Polish law, and submits every year an “extensive and detailed” report on its activities to the Minister of Culture and National Heritage. “The reports are also fully ‘transparent’ and published on our website,” he adds.
“We appeal to the cinema associations that signed the letter to stop disseminating false information related to the activities of our organization. In the event of further slander of this type, we will be forced to take legal steps to protect the good name of the Polish Filmmakers Association, as well as the creators we represent,” concludes Skoczek. . His entire statement is published below, while the position of the Polish New Cinema Association, the Arthouse Cinema Association and the “Kina Polskie” Association, to which this letter is a response, can be found here.
Response to the position of cinemas towards the royalty system in force in Poland
It was with undisguised surprise that we received the information published in the media on April 19 this year. statement of several organizations associating cinemas operating in Poland. We find it hard to believe that representatives of an industry that is so organically linked to the art of film and its creators would like to deprive them of their due remuneration. This is essentially an attack on the royalty system that has been operating successfully in Poland for several decades.
First of all, it is necessary to correct the skillfully manipulated information about legal disputes in which the cinema industry has been involved for over 20 years. However, the author of the letter forgot to mention that disputes are ongoing, but only four out of hundreds of entities operating on the market are involved in them. And one of them is the international multiplex Cinema City, which for 20 years of operation in our country has not voluntarily paid a single zloty of royalties to Polish filmmakers represented by SFP-ZAPA, which means, in fact, it has deprived them of their due remuneration for 20 years. This Friday, April 26, a hearing will be held in the Supreme Court, during which the Court will hear Cinema City’s appeal against another judgment favorable to SFP-ZAPA, on the basis of which the network was obliged to pay several million zlotys to the creators. In light of this, it is not surprising that there is a desperate attempt to divert attention and discredit the Polish Filmmakers Association and ZAPA.
The thesis put forward by cinema associations that “in the vast majority of countries (…) no royalties are collected from showing films in cinemas” is clearly untrue. As an organization that protects the rights of creators and has signed over 80 agreements with international entities operating around the world, we know perfectly well that this is not an unprecedented practice, but it is very present in the world. Statutory royalties for screening in cinemas are provided for by local law, among others: in Spain, Portugal, Slovenia, Lithuania, Latvia, Estonia, Argentina, Colombia, Chile, Panama, Uruguay and even Mexico. Therefore, contrary to what the authors of the magazine suggest, Poland is not an “inglorious exception on the world map.” However, it is also worth emphasizing here that the legislation of other countries should never be an uncritical guideline for domestic regulations. Even if Poland were an island in this respect, it should always be guided by the benefit of local creators, and not blindly by foreign practice, which would not necessarily work in our conditions.
It should also be made clear – royalties, including those from cinema viewings, are an integral part of every filmmaker’s remuneration. It is not an “add-on” or a bonus, as the authors of the magazine try to suggest, but a full payment for the use of his work and contribution to the creation of the film. The same film, the screening of which then brings cinemas (especially multiplexes) revenues of hundreds of millions of zlotys annually.
The accusation about receiving remuneration for American films is also untrue. We strongly protest against this – SFP-ZAPA has never and does not collect royalties for screening films produced in the United States. Naturally, as a result, it does not pay any to its members or other Polish creators. Therefore, the claims that “Polish creators took over remuneration for films with which they had nothing to do with making” and that the money obtained in this way were used for “other purposes” are completely unjustified. These are outrageous words that harm not only the good name of the Filmmakers Association. Polish, but also thousands of Polish creators, thanks to whose work cinemas can function at all.
It is also absolutely scandalous to suggest that the theatrical royalty system is only used to generate profits for a small group of “privileged beneficiaries”. This is an obvious lie that is very easy to verify. SFP-ZAPA, acting in accordance with Polish law, to which, unlike Cinema City, it strictly complies, submits every year a comprehensive and detailed report on its activities to the Minister of Culture and National Heritage. The reports are also fully “transparent” and published on our website. You can learn from them, among others: that royalties are transferred proportionally to all creators represented by SFP-ZAPA whose films are used in cinemas, and there is no mention of any privileged individuals. Of course, the creators of films with high cinema attendance will receive higher royalties than the creators of films with low cinema attendance. The division of royalties is based on data about the audience of individual films provided by the cinemas themselves.
It is also manipulation to claim that the cinema market has a rate of over 4% of revenues, which kills smaller film centers. Royalties for film creators are collected only by two collective management organizations: SFP-ZAPA and the Association of Authors ZAiKS. The total rate of both entities is 2.1% (1.05% for each organization). What is worth emphasizing is that this is a rate that has not increased for over 20 years. If cinemas believe that 1.05% of ticket sales is too much for filmmakers, it may be worth mentioning that the cinema keeps 50% of the ticket price for itself, and sometimes even 70%.
The Polish Filmmakers Association has nothing to do with the remuneration demanded from cinemas by organizations representing related rights, which may indeed be considered too high and not adapted to the subject of protection. There are probably no people who go to the cinema solely to listen to music, but it is difficult to deny that without the rights of filmmakers represented by SFP-ZAPA, no cinema would build its repertoire.
One cannot escape the impression that all these baseless allegations against SFP-ZAPA are inspired by those users of rights who themselves have problems with compliance with Polish law and want to divert attention from their actions. It is no secret that the president of the Polish New Cinema Association, one of the signatories of the commented statement, is a person who has also held a directorial position at Cinema City for many years. The same entity that is currently the only one among the largest cinemas that does not pay creators protected by SFP-ZAPA at all for their work.
In the light of the above, the declaration that the cinemas signed under the declaration “accept royalties for screening Polish and European films” because they want to “support domestic production” sounds embarrassing, to say the least. However, if Cinema City really believes that “royalties should be paid to Polish creators”, then nothing could be simpler – it is enough to simply not evade this statutory obligation and simply start doing it.
We appeal to the cinema associations that signed the letter to stop disseminating false information related to the activities of our organization. In the event of further slander of this type, we will be forced to take legal action to protect the good name of the Polish Filmmakers Association, as well as the creators we represent.
Source: Gazeta
Bruce is a talented author and journalist with a passion for entertainment . He currently works as a writer at the 247 News Agency, where he has established himself as a respected voice in the industry.
