Origin of devices and obligation to pay the fee

The reprographic fee applies to devices sold in Poland, regardless of origin. This means that businesses importing and selling reprographic devices in Poland must pay the fee, whether the devices are manufactured within the European Union or outside of it. Consequently, it is irrelevant that after Poland acceded to the European Union, the term “importer” was replaced by “intra-community buyer of goods”. This position is widely supported by both legal scholars (see E. Traple, “Copyright and Related Rights. Commentary”, Wolters Kluwer Polska, 5th edition, 2011) and court rulings. Professor Jan Błeszyński has also expressed a similar viewpoint in his writings: “Reprographic fees are added proportionally to the retail prices for purchasers of these devices in Poland”, and further on: “It is irrelevant in this respect (Art. 20 of the Act does not differentiate between the origin of the importer or manufacturer and thus, lege non distinguante, they apply to all sales, irrespective of the origin of the product), whether the device in question is from European Economic Area (EEA) or of non-EEA origin” (J. Błeszyński “Commentary on the decision of the Court of Appeal in W. of 24 February 2009 in case no. I ACa 99/09, Review of Economic Legislation [Przeglad Ustawodawstwa Gospodarczego], 7/2009, p. 23).