NOTIFICATION OF §24, PARAGRAPH 2 OF THE PROVISIONS TO THE LAW AMENDING AND SUPPLEMENTING THE COPYRIGHT AND RELATED RIGHTS ACT (in force from 29.03.2018)
Dear Members of PROPHON,
In accordance with the provision of §24, para. 2 of the Provisions to the Law Amending and Supplementing the Copyright and Related Rights Act of 29.03.2018, which provision is part of the latest amendments to the law from March this year, with which are implemented the requirements of Directive 2014/26/EU of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market, and in your capacity as rightholders of related rights of protected objects (phonograms, videos, recorded performances), we inform you about your rights under Art. 94a1, para. 1, 3, 4 and 5 of the Copyright and related rights act as follows:
Art. 94a1. (1) The authorization for collective rights management shall be made in writing and expressly for each category of rights, types of rights, types of works or other types of objects of protection (types of rights, works or other objects of protection).
Art. 94a1. (3) A rightholder may authorize different collecting societies or independent rights management companies to manage different categories of rights, types of rights, works, or other objects of protection. The rightholder may independently allow the non-commercial use of his works or other objects of protection by notifying the collecting society organization in which he / she is a member. In all other cases of individual grant of rights of use permitted by the Statute of the Organization, the rightholder shall be notified if the Statute so requires.
Art. 94a1. (4) The rightholder may terminate the authorization of the collecting society or withdraw from it the collective management of the categories of rights, types of rights, works or other objects of protection selected by it in its chosen territories with written notice, period is no longer than 6 months. The organization for collective rights management may provide in its statutes that such termination or withdrawal shall take effect from the beginning of the following calendar year. Where collective rights management is mandatory, the rightholder may only authorize another collective rights management organization.
Art. 94a1. (5) The right holder shall retain his / her rights under Art. 94k1 (Deductions), 94l (Allocation of due entitlements to rights holders), 94q1 (information, provided to rightsholders), 94r1 (Information provided on request to rights holders, other collective rights management organizations or users), 94u2 (Payment to rights holders) and 94w1 (Submitting complaints and alerts) for amounts which the collecting society organization owes to use for its works or other objects of protection made before the entry into force of the suspension or withdrawal, or for amounts received by permission to use provided by the organization until the termination or withdrawal takes effect.
Article 94k1. (1) The Collective Rights Management Organization shall provide in advance to any rightholder wishing to become a member information on the deductions made by the organization from the revenue from collective rights management and any revenue from the investment of that revenue.
(2) The deductions shall be determined on the basis of objective criteria and shall take into account the services rendered to the holders of rights, including the services provided under para. 5.
(3) The deductions may not exceed the justified and documented costs of collective management of rights made by the organization.
(4) Requirements relating to use and transparency in the use of amounts collected as deductions or deductions are to be applied to any other charge made to cover the cost of collective rights management.
(5) In the event that the organization provides social, cultural or educational services financed by deductions from revenue or other revenue arising from the investment of that revenue, services shall be provided on the basis of fair criteria regarding access to, and access to, their scope.
Allocation of due entitlements to rights holders
Article 94l. (1) The Collective Rights Management Organization or its collective member representing rights holders shall distribute and pay regularly, with due care and due diligence, the amounts due under the revenue sharing rules of collective rights management. The organization or its collegiate member shall pay the rightholders representing the sums due as soon as possible but not later than 30 September of the year following that in which the sums are collected. This deadline may be disregarded only for objective reasons relating to the receipt of information by users, the establishment of rights, the identification of right holders or the establishment of a link between the information on the works used and other objects of protection with the information on the media rights.
(2) The Collective Rights Management Organization shall take action to identify and establish the location of the rightholders.
(3) Amounts that can not be allocated within the term under par. 1 because rightholders can not be identified or their whereabouts can not be established and there are no objective reasons why the time limit is not respected are stated separately in the organization's accounts.
(4) Within three months after the expiration of the term under par. (1), second sentence, the organization for collective rights management shall provide access to information on works and other objects of protection for which one or more right-holders have not been identified or whose location has not been established:
1. the rightholders they represent or their collective members;
2. the collecting societies with which Mutual Representative Agreements have been concluded.
(5) The information under para. 4 includes, if possible:
1. the title of the work or object of protection;
2. the name of the right-holder;
3. the name of the respective publisher or producer;
4. any other available relevant information, including rights-holder files, which could help identify the right-holder.
(6) Where right-holders can not be identified or their location can not be established, within one year after the expiration of the term under par. 4, the collective rights management organization shall publicly disclose on its website the information under par. 5.
(7) Fees payable to right-holders which can not be distributed within three years from the end of the year in which they were collected and for which the collective rights management organization has acted in accordance with par. 2 to identify rightholders and establish their location are considered non-distributable.
(8) Amounts not subject to distribution shall be used by decision of the General Meeting, taken under the procedure of Art. 94h, par. (2), pt. 6. letter “d” and may be used to finance social, cultural and educational activities for the benefit of right-holders.
(9) Any rightholder may bring an action against the collective redemption rights organization for his / her due remuneration under the general claim.
Information provided to right-holders
Article 94q1. (1) The collective rights management organization and the independent rights management company shall, at least once a year, provide rights holders who are credited with revenue from the collective management of rights or who have received payments during the relevant period, information on:
1. the data provided by the right-holder for use with the purpose of identifying and determining his whereabouts;
2. revenue accrued to the right-holder by collective rights management;
3. the amounts paid to the right holder by category of rights and by type of use;
4. the period during which the use for which revenue has been accrued and amounts paid to the rightholder has been made, except when the organization or the company, for objective reasons relating to the receipt of information from users, can not provide this information;
5. deductions for collective rights management for the respective type of use;
6. deductions made for another purpose, including deductions for social, cultural or educational services due under other laws;
7. revenue from the collective management of rights that are accrued but not paid to the rightholder. (2) The information under par. 1 is provided by the collective rights management organization of its collective members representing rights holders among which it allocates revenue from collective rights management. Information is provided by the organization when it collects revenue from collective rights management and if the collective members do not have it. The information under para. (1) shall be provided at least once a year to the right holders which they represent and to which revenue from the collective management of rights has been charged or to which payments have been made during the period to which the information relates.
Information provided on request to rights holders, other collective rights management organizations or users
Article 94r1. (1) The collective rights management organization, upon receipt of a duly substantiated request from another collecting society, with whom a mutual agency, a right holder or a user, has been concluded, provides electronically and within a reasonable time at least the information on the works and other objects of protection which it represents, on the rights it manages directly or under contracts of mutual representation and on the territories covered.
(2) Where, due to the scope of the organization's activities, the works or sites can not be established, the organization shall be obliged to announce, by the order of par. 1 types of works and other objects of protection which they represent, the rights they manage and the territories covered.
(3) Paragraphs 1 and 2 shall apply accordingly to independent rights management companies.
Payment to rights holders
Article 94u2. (1) A collective rights management organization that authorizes the multi-tertiary use of musical works on the Internet shall distribute the remuneration received to the right holders within a reasonable time after receiving information on the use of the works, except where this is impossible causes due to the service provider.
(2) The collective rights management organization shall grant to the holders of rights, together with each payment under par. 1 at least the following information:
1. the period during which the use for which the remuneration is paid and the territories where such use is made;
2. the amounts collected, the deductions made and the amounts allocated to each type of right used on each musical work for which the rightholders have authorized the organization to represent them in full or in part;
3. the amounts collected, the deductions made for the management of rights and the amounts allocated to each service provider.
(3) Where a collective rights management organizationhas authorized another collecting society to authorize multi-tertiary use of musical works on the Internet by the order of Art. 94v and 94v1, the authorized organization shall allocate precisely and within a reasonable time the amounts under par. 1 and shall send the information under par. 2 of the delegating authority responsible for the subsequent allocation of these amounts and the provision of information to right-holders, unless otherwise agreed between the two organizations.
Submitting complaints and alerts
Article 94w1. (1) The Collective Rights Management Organization shall provide its members and other organizations with which Mutual Representation Agreements have been concluded, the application of complaints and signals procedures and the resolution of disputes relating to the authorization of collective management the right to withdraw or terminate, the conditions for membership, the collection of the fees payable to right holders, their deductions and their distribution.
(2) The Organization for Collective Management of Rights shall respond in writing to every complaint under par. 1 within one month of its receipt. The answer can also be provided electronically. The refusal to accept the complaint is motivated.