Minister of Culture Marta Cienkowska announced the signing of a regulation regarding the reprography fee, also known as the “smartphone fee”. The Ministry of Culture emphasizes that this is the first amendment to the regulation in years and denies that we are dealing with a new tax.
“Polish creators have been waiting for this decision for years. Today, I am pleased to announce: we have it!” – she emphasized in a message published on the X website.
As she noted, the legislative process was difficult and was accompanied by intense lobbying activities and – as she claims – disinformation regarding alleged new taxes.
Reprographic fee. Minister Cienkowska announces
The new regulations are intended to replace solutions that – according to the minister – were detached from contemporary technological realities.
“We said goodbye to the 1990s (faxes and cassettes) and introduced law for the 21st century,” she wrote.
The changes are to cover modern devices used to copy and play content, which has been a demand of creative circles for years.
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“Greater market share for creators”
One of the key elements of the reform is increasing the share of creators in the revenues generated by the technology sector.
“Hardware giants share their profits with Polish creators” – wrote the minister.
This means extending the reprography fee mechanism to modern devices and media that have replaced traditional forms of copying.
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A nod to creative circles
The minister also thanked the representatives of the creative industry for their cooperation in preparing the changes.
“Thank you to the creative communities for their cooperation” – she wrote.
Reprographic fee. What does this mean?
The reform of the reprographic fee was once one of the longest-discussed topics in the area of copyright in Poland. The Ministry of Culture reminds that the reprography fee mechanism has been in force in Polish law since 1994. Its last updates took place in 2008 and 2011, when the fees covered, among others, digital portable mp3 and mp4 devices.
The amendment is intended to change this by adapting the system to digital realities and new technologies.
The Ministry of Culture emphasizes that revenues from fees in Poland were among the lowest in the EU, which translated into less support for creators. After the changes, they are expected to increase to a level similar to other countries – according to estimates, the fee will range from 1 to 3% of the device value.
The changes aroused opposition from the technology industry, which warned of a possible increase in equipment prices. The Ministry refutes these allegations, pointing out that this is not a new tax and the funds will go entirely to the creators.
The new regulations will enter into force six months after publication, so that companies have time to adapt to the new rules.
