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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 18, 2003 No. 71

About approval of the size, procedure and conditions of payment of remuneration (royalty) for commercial use of the soundtracks published with commercial purpose, videograms, their copies and the execution fixed in them

(as amended on 06-11-2019)

According to the Law of Ukraine "About copyright and the related rights" the Cabinet of Ministers of Ukraine decides:

1. Approve the size, procedure and conditions of payment of remuneration (royalty) for commercial use of the soundtracks published with commercial purpose, videograms, their copies and the execution fixed in them according to appendix.

2. The organizations of collective management apply the amounts of remuneration (royalty) approved by this resolution as temporary rates for a period of up to six months in case of default of agreement at negotiations on establishment of rates.

Prime Minister of Ukraine

V. Yanukovych

Appendix

to the Resolution of the Cabinet of Ministers of Ukraine of January 18, 2003 No. 71

The size, procedure and conditions of payment of remuneration (royalty) for commercial use of the soundtracks published with commercial purpose, videograms of their copies and the execution fixed in them

I. Amount of remuneration (royalty)

Type of commercial use of soundtracks, videograms, their copies
and the execution fixed in them

Amount of remuneration
(royalty)

1. Public performance of the soundtracks published with commercial purpose, copies and the execution fixed in them, public demonstration of the videograms published with commercial purpose, their copies and the execution fixed in them in places with paid and free entrance

1 percent of income gained from that type of activity in the course of which use of objects of the related rights or 2,5 of percent is performed
total amount of expenses on noted type of use of objects of the related rights in case of lack of such income

2. The public message (the public repeated message) by broadcasting and relaying of the execution fixed in soundtracks, and also directly the soundtracks published with kommerchesk. the purpose, their copies in transfers of radio and (or) satellite broadcasting

2 percent of income gained from that type of activity in the course of which use of objects of the related rights is performed

3. The public message (the public repeated message) by broadcasting and relaying of the soundtracks and (or) videograms published with commercial purpose, their copies in transfers of radio and (or) satellite television fixed in soundtracks and (or) videograms of execution, and also directly

2 percent of income gained from that type of activity in the course of which use of objects of the related rights is performed

4. Cable relaying, the public notification (the repeated public notification) by broadcasting and relaying of the soundtracks and (or) videograms published with commercial purpose, their copies in transfers of cable television and (or) broadcasting or on the Internet fixed in soundtracks and (or) videograms of execution, and also directly

5 percent of income gained from that type of activity in the course of which use of objects of the related rights is performed

II. Procedure and conditions of payment of remuneration (royalty)

1. This procedure determines the procedure of charge and payment of remuneration (royalty) for commercial use of the soundtracks published with commercial purpose, videograms, their copies and the execution fixed in them without the consent of persons who according to the legislation on copyright and the related rights can manage property rights on noted objects of the related rights, and also the procedure of distribution (payment) of assembled remuneration (royalty) between marked-out persons.

2. Commercial use of the soundtracks published with commercial purpose, videograms, their copies and the execution fixed in them direct or indirect use of noted objects of the related rights is in the way:

public performance of soundtrack or its copy or public demonstration of the videogram or its copy;

the public message (the public repeated message) fixed in soundtrack or the videogram and their copies of execution by transfer to air;

the public message (the public repeated message) fixed in soundtrack or the videogram and their copies of execution by means of wires (through cable);

cable relaying fixed in soundtrack or the videogram and their copies of execution.

3. Treat legal entities and physical persons which perform commercial use of the soundtracks of videogramm published with commercial purpose, their copies and the execution fixed in them (further - subjects of commercial use):

subjects of housekeeping who are owners of theaters (in particular theaters studios, amateur amateur theaters), circus, clubs, concert and cinema and concert halls and other institutions of culture, movie theaters and video salons, casino, night clubs and other playing and entertaining institutions, showrooms and other similar institutions, bars, cafe, restaurants and other catering establishments, boarding houses, rest houses, sanatoria, hotels, discos, dance and concert venues, parks, stadiums, gyms and other sports institutions, the companies and the organizations of trade, consumer services, passenger transport and so forth, except being in the state-owned or municipal property;

subjects of housekeeping which on the right of economic maintaining own use and dispose or on a leasehold basis use premises of theaters (in particular theaters studios, amateur amateur theaters), philharmonic halls, houses and palaces of culture, Officers' Clubs, concert and cinema and concert halls and other institutions of culture, parks, stadiums, circus, clubs, hotels, boarding houses, rest houses, sanatoria, gyms and other sports institutions, discos, dance and concert venues, movie theaters, video salons, showrooms and other similar institutions, the companies and the organizations of trade, consumer services, passenger transport, bars, cafe, restaurants and other catering establishments and so forth which are in the state-owned or municipal property;

subjects of housekeeping which are organizers of festivals of tenders, exhibitions and other similar actions, during kotoroy direct or indirect commercial use of the soundtracks published with commercial purpose, videograms, their copies and the execution fixed in them is performed, and on a leasehold basis use for holding the celebrated actions by rooms of institutions of culture, sports institutions, showrooms and other similar institutions, parks, stadiums and so forth;

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