Laws
Adopted by the National Assembly
15 June 2006
Law on Copyright and Related Rignts
Chapter 4: Administration of Rights
Article 63. Organizations for Collective Administration of Economic Rights(1) For the provision of administration of economic rights of holders of copyright and related rights, where the exercise of economic rights in personal order is practically difficult or impossible, non-commercial, non-profit organizations for collective administration of economic rights (hereinafter referred to as “organization”) shall be established.
Such organizations shall be established directly by authors or related rights holders and exercise the collective administration of economic rights within the frameworks of authorization granted to them by written contract.
Those organizations, which represent a substantial part of right holders and have the necessary technical means and human resources for the execution of their activities, are subject to registration.
Collective administration of rights with respect to the same category of works (public performance, record reproduction, resale right, broadcasting¸ cable transmission, private reproduction, rights of performers and producers of phonograms) may be entrusted to one collecting organization only.
The following are subject to collective administration:
a) right of public performance;
b) right of communication to the public;
c) right of audio-video reproduction;
d) right to broadcast and rebroadcast;
e) right of cable transmission and retransmission.
(2) In case of presence of an organization for collective administration of economic rights for any type of use the rights provided for by this Law shall be exercised by the organization.
(3) The right to remuneration is subject to collective administration in the following cases:
a) for the use of a phonogram produced for commercial purposes by broadcasting, re-broadcasting, cable transmission or retransmission;
b) for the use of a performance fixed in a phonogram produced for commercial purposes by broadcasting, re-broadcasting, cable transmission or retransmission;
c) for resale of a work of fine art;
d) for renting the original or copies of a work or a copy of a recording or audio-video recoding of a performance;
e) for the use of a work, live performance or a performance fixed in a phonogram (with the exception of those produced for commercial purposes), as well as audiovisual fixations and phonograms by cable retransmission.
(4) The organization shall, within the power assigned to it by the appropriate contracts of holders of copyright and related right, as well as similar foreign organizations, authorizes the user with a license contract, to use the work or subject matter of related rights, as well as carry out calculation and collection of remunerations paid by using organizations.
(5) The relationship between the organization and the users concerning the copyright and related rights subject matters shall be regulated by license contract. The terms of use for all the users of similar categories shall be the same. The organization shall not refuse to sign agreements with users without having reasonable grounds for that refusal.
(6) Organizers of public entertainments and other users of copyright and related rights subject matters shall not refuse to sign agreements with the organization without having reasonable grounds for that refusal. The users shall in advance acquire the authorization provided by this Law and shall submit the competent collecting society the list of all works used, all the documents necessary for the accurate calculation and distribution of royalties within 15 days after the use.
(7) The broadcasting organizations shall submit to the appropriate collective administration organization the list of broadcast works every month.
Article 64. Functions of the Organization
(1) The Organization shall implement the following functions:
a) sign license contracts with users on use of works and subject matters of related rights;
b) agree with the users on the amount of remuneration and other terms of the contract;
c) agree with the users on the amount of remuneration for those cases established by this Law, when the Organization carries out the collection of remuneration without having signed license agreements (e.g. rental, the use of phonogram for commercial purposes, etc.);
d) collect the remuneration provided for by paragraphs “b” and “c” of this Article for use of a work or subject matters of related rights, distribute and pay the remuneration to the holders of copyright or related rights presented by it;
e) in case right holders wish so, deposit the work of the author or the subject matter of related rights and issues the relevant document on deposit;
f) sign reciprocal protection agreements with similar foreign organizations;
g) set aside commissions from the collected amount to cover the actual costs on collection, distribution and payment;
h) in the case of simultaneous use of protected and non-protected works, pass the amount calculated out from the whole for the use of the non-protected works to the appropriate funds established by it, with the consent of the right holders presented by it and for their benefits;
i) use the amount in case the author or the right holder of related rights is not found within the application prescription period established by the legislation for the benefit of other holders of copyright or related rights and the development of the organization;
j) carry out other activities according to the authorization by the holders of copyright and related rights;
k) implement any legal activity necessary for protection of rights exercised by it;
l) in case right holders wish so, submit information on use of works or other subject matter of related rights.
(2) The Organization shall bear liability for non-execution or poor execution of its obligations in the order established by Law.
