Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

AGREEMENT

of December 11, 2017

About procedure for management of copyright and related rights on collective basis

The state members of the Eurasian Economic Union on behalf of the governments which further are referred to as with state members

based on provisions of the Agreement on the Eurasian Economic Union of May 29, 2014 and the right of the Eurasian Economic Union,

for the purpose of provision of favorable conditions for owners of copyright and the related rights

agreed as follows:

Article 1

1. This agreement establishes procedure for management of copyright and related rights on collective basis in the territories of state members in cases when practical implementation of the author's and (or) related rights in individual procedure by authors, contractors, manufacturers (producers) of soundtracks and other owners of the author's and (or) related rights (further - owners) is complicated or the legislation of state members allows use of objects of these rights without the consent of owners, but with remuneration payment.

2. In the spheres of collective management of the author's and (or) related rights determined by the legislation of state members, state members provide possibility of creation of the organizations for collective management of the rights (further - the organization).

3. The basis for implementation of powers by the organizations is the agreement on delegation of power on management of the rights signed by such organizations in writing with the owner and also other organizations, except for case, stipulated in Item 4 these Articles.

4. According to the legislation of state members of the organization in the respective spheres of collective management of the author's and (or) related rights can be allocated with powers on collective management of the rights as the owners who directly delegated appropriate authority to such organizations and those owners who did not refuse management of the rights in their interests. Such powers are valid within the territory of state member according to which legislation they are provided.

5. If according to the legislation of state member the organization is allocated with powers on collective management of the rights and collection of remuneration as for the benefit of the owners who directly delegated appropriate authority to such organization and those owners who did not refuse management of the rights in their interests the state member provides in the legislation investment of the relevant state body with powers on implementation of the state control of activities of such organization (further - authorized body).

Other cases of implementation of the state control of organization activity can be established by the legislation of state members.

Authorized bodies of state members interact among themselves, including provide each other necessary information on organization activity.

Article 2

1. Organization activity in the territories of state members shall be performed according to the principles of openness, transparency, accountability, submission to control and justice (nondiscrimination).

2. Legal form and legal status of the organization, feature of investment with its appropriate authority, functions of the organization, the right and obligation of her members, and also procedure for the solution of other questions which are not settled by this agreement are determined by the legislation of state members.

Article 3

1. The organization signs with users contracts on the terms of the simple (non-exclusive) license concerning the author's and (or) related rights which are in management of such organization to the corresponding methods of use of objects of the author's and (or) related rights and collects remuneration for provision of right to use of such objects from such users.

In cases when use of objects of the author's and (or) related rights according to the legislation of state members is allowed without the consent of owners, but with payment of remuneration to them, the organization signs agreements on payment of remuneration with users or other persons to whom the legislation of state members assigns obligation on payment of means for remuneration payment, and raises funds for remuneration payment to owners.

2. The organization performs distribution of the remuneration collected for use of objects of the author's and (or) related rights between owners and payment of the specified remuneration to them.

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