The Digital Poland Association, representing producers and distributors of electronic equipment, has appealed to the Ministry of Culture and National Heritage to immediately halt work on a draft regulation expanding the list of devices subject to the reprography levy. In a letter submitted as part of public consultations, the organization warned that the proposed changes would transform compensation for creators into a universal “electronics tax,” hitting Polish businesses and consumers the hardest.
Ministry’s Proposal
The ministry’s draft regulation, currently under consultation, provides that the levy would cover smartphones, tablets, laptops, and televisions. The fee — set at 1% of the device’s retail price — is meant to compensate creators for private copying of copyrighted works.
The Ministry of Culture argues that the changes are necessary to adapt regulations to market realities and ensure artists receive “fair remuneration.” However, according to the digital industry, the proposal would burden consumers and Polish importers of electronics rather than effectively support creators.
Consumers Pay Multiple Times
“The reprography levy should be precise compensation for the actual harm caused by private copying, not a fee imposed on smartphones, laptops, or TVs that are primarily used to access legal content,”
emphasizes Michał Kanownik, president of the Digital Poland Association.
The Association points out that today’s cultural consumption is dominated by streaming and licensed access rather than home copying of music or films. Expanding the catalog of devices to include modern electronics distorts the very purpose of the levy, which under EU law should only compensate for actual harm to creators.
The organization also warns of multiple charges on consumers. The new table covers both devices and accessories. For example: a smartphone and its memory card, or a computer and an external hard drive. As a result, customers would pay several times even though no additional damage to creators occurs.
Problems with Redistribution
Digital Poland also highlighted issues with how funds are currently distributed by collective management organizations (CMOs). Data from 2019–2023 shows that nearly PLN 1.7 billion earmarked for creators remained unpaid, while CMO operating costs rose faster than revenues. A Ministry of Culture audit at the Polish Filmmakers Association revealed spending inconsistent with the levy’s purpose, including alcohol purchases and luxury car maintenance.
“Adding new burdens to a system that already fails to settle accounts with creators transparently and on time is only a superficial solution. Instead of higher payouts for artists, we’ll get higher electronics prices and larger reserves on CMO accounts,”
predicts Michał Kanownik.
He adds that the proposed regulation would further harm domestic businesses, as foreign sellers — especially those operating via Chinese e-commerce platforms — often avoid such levies, gaining an unfair price advantage.
Call for Debate
In its consultation letter, the Digital Poland Association urged the ministry to suspend work on the project and establish a working group with participation from all stakeholders — both industry representatives and creators. The Association also proposed that the list of devices subject to the levy should be based on regular studies of private copying practices rather than arbitrary administrative decisions.
“If we want to protect creators without harming consumers and Polish companies, we must build a system based on data, transparency, and proportionality. The current draft is a tax on modernity that fails to meet these criteria,”
concludes Michał Kanownik.
Source: CEO.com.pl
