Relevance and Fundamentals of the MFM Tables in International Comparison
The MFM Tables (“Mittelstandsgemeinschaft Foto-Marketing”) are established in German law as a reference scale for calculating license fees for the use of photographic works. They provide practical guidance for determining customary remuneration for the copyright-based use of photographs and photographic works. Their application is particularly relevant when neither a specific license agreement exists nor an individual contractual remuneration agreement has been made. In Germany, the tables are routinely referenced both in contract drafting and in legal disputes, and are largely recognized by case law.
In an increasingly internationalized media landscape, however, the question grows of whether and to what extent the MFM tables apply cross-border, notably in cases of infringements of originally German photographic rights abroad or in foreign proceedings – for example, in Poland.
Copyright Framework Conditions in Poland
Legal Foundations
The Polish Copyright Act (“Ustawa o prawie autorskim i prawach pokrewnych”) comprehensively regulates the rights to photographic works and other copyright-protected content. Essentially, Polish law – analogous to German doctrine – provides that the rights holder may claim damages in the form of a so-called license analogy (fictitious license fee) or compensation for actual damages caused in the event of unlawful use.
Principle of Territorial Application
Although the Polish legal system recognizes the principle of territoriality, it may become necessary to take foreign remuneration standards into account due to international conflict of law norms and contractual relationships under private international law. This applies especially when the relevant legal relationship has close connections to another country, such as Germany – for example, because the infringing act occurred in Poland, but the protected work was originally produced or first published in Germany.
Integration of the MFM Tables in Polish Legal Protection
Increasing Reference in Polish Courts
In recent years, there has been a tendency within the Polish judiciary to consider the MFM tables as a guideline or as a kind of “market value indicator” when assessing damages for copyright infringements – especially in the context of photographic rights with international connections. This primarily concerns cases where either German licensing practice is decisive or in the absence of detailed local market data, recognized international standards must be used.
Nevertheless, it must be emphasized that the MFM tables do not yet constitute a binding or official legal source under Polish law. Rather, their reference in judicial practice offers a certain orientation towards the remuneration models established in Germany, provided these adequately reflect the specific circumstances of the individual case.
Impact of Internationalization on Claims for Damages
Due to the dynamics of digital media and the associated possibility to distribute content across borders, shared or transferable valuation standards such as the MFM tables are gaining increasing importance in Poland as well. Nevertheless, damages law continues to place value on case-by-case examination. Courts consider regional market conditions, the type of exploitation, the extent of use, and possible differences in the structural design of remuneration practices.
Challenges and Evaluation Criteria in Application
Legal Certainty and Evidentiary Issues
In legal disputes, providing a comprehensible and verifiable basis for calculating the claimed damages is crucial. The MFM tables are frequently submitted as evidence of industry-standard fees. However, Polish courts fundamentally emphasize a transparent presentation of the market situation and critically relate the values listed in the tables to local conditions and the specific contractual context.
Moreover, it should be noted that the question of the applicability and amount of the license fee is always subject to judicial assessment on a case-by-case basis. An automatic transfer of German market standards to the Polish legal area is not given; rather, there remains room for judicial discretion.
Ongoing Developments and Open Questions
As Polish and international reports indicate, the handling of the MFM tables by courts in Poland remains a subject of ongoing development. A uniform judicial practice has not yet been established; instead, divergent decisions exist. Explicit reference is made to ongoing proceedings in which the application of the MFM tariffs is under judicial review. The presumption of innocence applies without restriction (Sources: Juraforum, as of April 2008).
Summary and Significance for Internationally Active Companies
The transfer of the MFM tables from their original German system into the Polish judicial practice area primarily reflects the growing importance of international valuation standards in the field of industrial property protection. For companies, investors, and wealthy private individuals operating in both countries or pursuing legal positions in cross-border industrial property protection, knowledge about the practical application of such standard values is becoming increasingly significant. In the tension between national law and European or international standards, the flexible consideration of the MFM tables forms a relevant interface.
For further information on the challenges of international remuneration practices for image uses and on the enforcement and defense of claims for damages, in-depth legal advice is recommended. MTR Legal is available in the field of industrial property protection for all questions regarding licensing and protection of image materials; further information can be found under Legal Advice in IP Law.
