New “Reprographic Fee” Set to hit Electronics in Poland, Sparking Controversy
Warsaw, Poland - A new levy on electronic devices in Poland, dubbed a ”reprographic fee,” is set to come into effect on January 1, 2026, sparking debate over its impact on consumers, businesses, and the digital landscape. The fee, implemented via a ministerial regulation rather than an act of parliament, is projected to generate up to PLN 200 million annually, earmarked for distribution to organizations representing creators.
The move bypasses a 2021 veto by President Andrzej Duda, who refused to sign legislation introducing a similar fee. The government is now enacting the measure through a regulation issued by the Minister of Culture, circumventing parliamentary debate and presidential oversight.How the Fee Works & Who Benefits
The fee will be levied on a range of electronic devices, effectively acting as a hidden tax on consumers purchasing items capable of copying content. The collected funds will be distributed among several key organizations:
ZAiKS: Representing authors.
SAWP: Representing performing artists.
ZPAV: Representing music producers.
ZASP & Association of Polish Filmmakers: Representing filmmakers.
Copyright Polska: Representing authors and publishers of press and books.
A portion of the revenue will also be directed to the Social Insurance Fund for Freelancers.
justification & Context: A Shift in Consumption
The government argues the fee is necessary to support creators in a rapidly evolving digital surroundings. This comes as data suggests Poland is a strong adopter of legal content consumption. A 2024 report from the Intellectual Property Office indicates Poland ranks highly in legal content usage, with the average Pole accessing illegal content approximately 8.3 times per month in 2023 – a figure lower than Romania, germany, and Italy. This suggests a growing preference for legitimate streaming and purchase options.
Criticism: A “Hidden Tax” & Digital Disadvantage
However, the Economic Freedom Foundation strongly condemns the new regulation, labeling it “harmful to both consumers and entrepreneurs.” The Foundation argues the fee contradicts Poland’s efforts towards digitization and risks exacerbating digital exclusion. thay contend the fee is an outdated response to content consumption habits, effectively becoming a “hidden tax” that will raise prices for consumers and diminish the competitiveness of Polish companies.The concern stems from the original intent of the ”reprographic fee” – compensating creators for unauthorized copying via physical media. Critics argue this model is ill-suited to the current digital landscape dominated by streaming services and online purchases.
A History of Opposition
The attempt to introduce a reprographic fee isn’t new. President Duda’s 2021 veto signaled significant reservations about the policy. The government’s decision to implement the fee through a regulation, rather than pursuing legislative approval, has drawn criticism for its lack of clarity and public consultation. Opponents argue this approach effectively sidesteps democratic oversight.Sources:
https://www.rp.pl/muzyka-popularna/art42274051-spotify-ujawnia-ile-zarobily-najwieksze-polskie-gwiazdy-w-2024-r
* https://spidersweb.pl/2024/05/23/piractwo-w-polsce-2024/
