Odszkodowanie ryczałtowe za naruszenie praw autorskich — kara czy skuteczny sposób na egzekwowanie praw?

Abstrakt

Lump-sum compensation for copyright infringement — punishment or effective way to enforce rights?

The Copyright and Related Rights Act introduced the possibility of demanding double and triple of the license fee in case of copyright infringement. This solution has aroused many reservations in doctrine and case-law, because it raised doubts whether it is a punishment or just compensation for the violation. This article presents the views of the Constitutional Court and the Court of Justice of the European Union, in order to try to resolve the doubts as to the nature of the institution of lump-sum compensation in copyright law. On the basis of two fundamental judgments authors try to show that the current legal regulations are inappropriate and should be changed.