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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 29, 2007 No. 988

About approval of Rules of collection, distribution and payment of remuneration to contractors and manufacturers of soundtracks for use of the soundtracks published for commercial purposes

According to Article 1326 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of collection, distribution and payment of remuneration to contractors and manufacturers of soundtracks for use of the soundtracks published for commercial purposes.

2. Determine that the Rules approved by this resolution become effective since January 1, 2008.

 

Prime Minister

Russian Federation V. Zubkov

Approved by the order of the Government of the Russian Federation of December 29, 2007 No. 988

Rules of collection, distribution and payment of remuneration to contractors and manufacturers of soundtracks for use of the soundtracks published for commercial purposes

1. Collection of remuneration for public performance, and also for the message in air or on cable of the soundtrack published for commercial purposes (further - soundtrack), distribution and payment of this remuneration to owners of exclusive rights to the execution fixed in this soundtrack (further - contractors), and also to owners of exclusive rights on soundtracks (further - manufacturers of soundtracks) is performed by the organizations for management of the rights of contractors and manufacturers of soundtracks on collective basis having the state accreditation on implementation of the corresponding types of activity (further - the accredited organizations).

2. Payers of remuneration for public performance of soundtracks are legal entities or physical persons - the individual entrepreneurs performing or organizing public performance of soundtracks by means of technical means in the place open for garden leave, or in the place where there is considerable number of persons which are not belonging to regular circle of family irrespective of, the soundtrack in the place of its execution or in other place along with its execution is perceived.

Payers of remuneration for the message of soundtracks in air or on cable are the organizations of on-air or cable broadcasting performing transfer of soundtracks on radio or on television or their relaying.

Payers pay remuneration for use of soundtrack (further - remuneration) irrespective of whether use of soundtrack is core activity for the payer or is not.

3. Receivers of remuneration are contractors and manufacturers of soundtracks whose exclusive rights affect soundtracks and execution (are recognized) in the territory of the Russian Federation according to Articles 1321 and 1328 of the Civil code of the Russian Federation.

4. Payment of remuneration is performed by payers of remuneration based on the agreements on payment of remuneration signed with the accredited organizations.

In the agreement remuneration payment due dates, and also its size shall be determined. When calculating amount of remuneration including the following factors are considered:

minimum rates of award for public performance of works and for the message of works in air, and also for the message of works on cable;

whether use of soundtracks is core activity for the payer or is not;

the paid nature or free of charge entrance for listeners (visitors);

amount of remuneration which under comparable circumstances is usually levied for similar use of soundtracks, including abroad.

Payers of remuneration along with payment of remuneration submit the accredited organization documents, and also other data which are necessary for collection and distribution of remuneration and which list is determined in the contract with the accredited organization.

5. The accredited organization makes distribution of the remuneration which arrived from payers between receivers of remuneration, and also performs payment of remuneration to them.

If collection of remuneration is performed by one accredited organization concerning contractors and manufacturers of soundtracks, that remuneration is distributed between receivers of remuneration in the following proportion: 50 percent - to contractors, 50 percent - to manufacturers of soundtracks. Distribution of remuneration between specific contractors and manufacturers of soundtracks is performed in proportion to the actual use of the corresponding soundtracks based on the reports on their use provided by users of soundtracks in the accredited organization and also other data on use of objects of copyright and the related rights, including data of statistical property.

6. Remuneration payment to receivers is performed by the accredited organization in the terms provided by the charter of this organization, but at least 4 times a year.

Payment of remuneration can be performed directly to the receiver of remuneration or through the organization managing the rights of the specified person on the basis of the contract with it what the accredited organization in writing notifies the receiver of remuneration on.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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