Still controversial so-called "bestseller clause" in Article 44 of the Copyright Act, commentary by Janusz Piotr Kolczyński, attorney-at-law

On the backdrop of the recently acclaimed novel "Peasants" in Poland, there was an interesting piece prepared by editor Elżbieta Rutkowska on the still controversial so-called "bestseller clause" in Article 44 of the Copyright Act (click here).

This provision found its new way into Polish law via Article 20 of Directive 2019/790 (DSM).

However, it is not clear from when the Polish provision should be applied, whether from the entry into force of the Amendment Act (20.09.2024) or earlier, e.g. from the DSM Directive implementation deadline - 7.06.2021?

Recently, the CJEU indirectly commented on this issue in its judgment of 6 March 2025 (C-575/23), indicating, i.a. (recital 73):

"(...) the measures taken to transpose a directive must apply to the future effects of situations which arose under the old rule, as from the date on which the period for transposing that directive expired, unless that directive provides otherwise (...)".

Since the PL legislator has remained silent, lawyers have been inquiring and quibbling.

A few of these views in "Dziennik Gazeta Prawna".