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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 24, 2007 No. 132

About approval of Rules of establishment of the minimum size, distribution and payment of the fee for reproduction of audiovisual works and soundtracks for personal reasons without commercialization

(as amended on 27-08-2018)

According to Item 2.1 of "The actions plan on reduction of the legislation of the Azerbaijan Republic according to requirements of the World Trade Organization in connection with process of the entry of the Azerbaijan Republic into the World Trade Organization", the President of the Azerbaijan Republic approved by the Order of August 2, 2006 1583, the Cabinet of Ministers of the Azerbaijan Republic decides No.:

1. Approve "Rules of establishment of the minimum size, distribution and payment of the fee for reproduction of audiovisual works and soundtracks for personal reasons without commercialization" it (is applied).

2. Consider that the fee concerning the audiovisual work before creation of the organizations managing on collective basis property rights of authors, contractors and manufacturers of the audiovisual work, and concerning soundtrack of contractors and manufacturers of soundtracks, gathers the Agency of Intellectual property of the Azerbaijan Republic.

3. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A. Rasi-Zade

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 24, 2007 No. 132

Rules of establishment of the minimum size, distribution and payment of the fee for reproduction of audiovisual works and soundtracks for personal reasons without commercialization

1. These rules No. 1583, according to provisions of article 17 of the Law of the Azerbaijan Republic "About copyright and the related rights" are developed for the purpose of ensuring execution of Item 2.1 of "The actions plan on reduction of the legislation of the Azerbaijan Republic according to requirements of the World Trade Organization in connection with process of the entry of the Azerbaijan Republic into the World Trade Organization", the President of the Azerbaijan Republic approved by the Order of August 2, 2006 and regulates questions in communication by establishment of the minimum size, distribution and payment of the fee concerning the audiovisual work of authors, contractors and manufacturers of the audiovisual work, and concerning soundtrack of contractors and manufacturers of soundtracks for reproduction of audiovisual works and soundtracks for personal reasons without commercialization.

2. Concerning the audiovisual work authors, contractors and manufacturers of the audiovisual work, and concerning soundtrack contractors and manufacturers of soundtrack have the right to receive the royalties for reproduction of the audiovisual work and soundtrack for personal reasons without commercialization.

3. The specified fee is paid by manufacturers and importers of the audiovisual works and soundtracks used in case of reproduction (for record) audio-videorecorders and other equipment (further - the equipment), audio-and (or) video tapes and cartridges, laser disks and other material carriers (further - material carriers).

4. The fee is not paid if the equipment used for reproduction of copies (including the professional equipment which is not provided for use in house conditions), and material carriers is exported and also if this equipment and material carriers are imported by physical persons for the personal purposes.

5. The ministry of taxes, the State committee of statistics of the Azerbaijan Republic and other interested bodies for the purpose of ensuring efficiency in charge and payment of the fees for reproduction of audiovisual works and soundtracks for personal reasons without commercialization once a quarter represent to the Agency of Intellectual property of the Azerbaijan Republic (further the Agency) on its request required data on manufacturers and importers of the copies of the equipment and material carriers used in case of reproduction.

6. The minimum size of the fee paid to manufacturers or importers of the equipment and material carriers for reproduction of audiovisual works and soundtracks for the personal purposes without commercialization is established by at least 0,5 of percent of the selling (wholesale) price by each type of the equipment and material carriers during charge of the fee.

The fee for the equipment and the material carriers made in the Azerbaijan Republic is paid by the manufacturer once a quarter.

The fee for the equipments and material carriers imported into the Azerbaijan Republic is paid by the importer no later than 2 months after completion of customs clearance on release of goods in free circulation.

The fee for the made or imported new equipments and material carriers is paid once and only under one agreement and the requirement of repeated payment is inadmissible.

7. Collection and distribution of the fees are performed in accordance with the terms of the agreement signed between manufacturers or importers of the equipment and material carriers and the organizations managing on collective basis the property rights of authors, contractors and manufacturers of soundtrack, the audiovisual work which are arising in the field of use of works and soundtracks for personal reasons, and not contradicting these rules.

In these agreements the amount of the fee for type and selling price of the equipment and material carriers, rules and payment due dates, and also other conditions recognized by the parties essential is reflected. The organizations managing property rights on collective basis represent to the Agency of the information about authors, contractors and manufacturers of soundtracks whose rights they represent.

8. Manufacturers and importers at the end of every quarter transfer the added fees to the treasurer account of the Agency.

9. After transfer to the account of the Agency of means, added as the fee concerning the audiovisual work to authors, contractors and manufacturers of the audiovisual work, and concerning soundtrack to contractors and manufacturers of soundtracks manufacturers and importers of the equipment and material carriers, within 10 working days shall be delivered to authors, contractors and manufacturers of soundtrack and the audiovisual work.

10. According to part 4 of article 17 of the Law of the Azerbaijan Republic "About copyright and the related rights", 40 percent of the fee added for reproduction of audiovisual works and soundtracks for the personal purposes without commercialization 30 interests - to contractors, 30 percent - to manufacturers of soundtrack after tax from the source of payment established by the Tax code of the Azerbaijan Republic are paid to authors of the audiovisual work.

 

 

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