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The Amendments To The Copyright Act

Original Language Title: Grozījumi Autortiesību likumā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the copyright law in copyright law (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2000, no. 11, no. 8; 2003) the following amendments: 1. Express article 1 by the following: "article 1. The terms used in the law, the law is applied in the following terms: 1) author: the natural person whose creative activity created the work;
2) — author of the creative activities of literature, science, or art regardless of the form of expression, form and values;
3) database: a collection of independent works, data or other materials, arranged in a systematic or methodical way and individually accessible by electronic or other means;
4) fixation — sound or image incarnate in a physical form that enables it to be made public, perceived or reproduced with the device;
5) movie: the audiovisual or cinematographic work or moving images with sound accompaniment or without it;
6) film producer: a natural or legal person who financed and organized the creation of the film and is responsible for its completion;
7) phonogram — the performance sound, other sounds or sound reproduction of the fixation;
8) the phonogram producer: a natural or legal person who takes the initiative and is responsible for the performance of sound, other sounds or sound reproduction the first fixation;
9 information on rights management) of copyright or related rights, as well as the maker of the database contains information that identifies the copyright or related rights, as well as the creator of the database and the object, the object of copyright or related rights, as well as database terms of use, and any numbers or codes that include the following information;
10) artist: actor, singer, musician, dancer or any other person who renders the role, read, sing, play, or in any other way perform literary or artistic works or folklore tales, provides stage, circus or puppet performances;
11) distribution: the Act by which the copyright or related rights in the original or a copy of the object is sold or otherwise disposed of;
12) disclosure: the action by which a work is first made available to the public regardless of the nature of the activity;
13) publication: the action by which a copyright and related rights object copies with the copyright and related rights agreement to become available to the public, provided that the number of copies satisfy the reasonable demand of the public in accordance with the copyright or related rights object in nature; the publication of the copyright objects are not seen as dramatic, musical dramatic work or musical work, audiovisual work running play, a literary work of a public reading, a literary or artistic work, work of art of streaming playback or architectural work;
14) disclosure: any operation directly or with the aid of technical devices work, performance, phonogram or broadcast is made available to the public;
15) public performance, a work or other protected subject to this law, the performance of the play or otherwise, directly or with the assistance of any technical device or process carried out through the use of outside the usual family circle;
16) public lending: the original work, the fixation of the phonogram or film, or a copy thereof to the user of the action by which a copyright or related rights object with public institutions for a limited period of time is made available to parties for the unlimited and not for direct or indirect economic or commercial advantage;
17) reproduction: copyright or related rights object, one or more copies of the copy of the production by any means in any form and scale, in whole or in part, also the object of copyright or related rights, or part of a temporary or permanent storage in electronic form, as well as the manufacture of three-dimensional copies of a two-dimensional object or two-dimensional copies of a three-dimensional object the manufacture;
18)-working in the reproduction of the reprographic imaging unit faksimileksemplār with any means of photocopy, except for printing. For the reproduction of Reprographic imaging unit scan or faksimileksemplār also be making photocopies of increased or decreased level;
19) technological means — the copyright or related rights, as well as the designer's use of technological protection measures (technology, devices, or components thereof) that is normally used to restrict or prevent the actions with the objects of copyright and related rights, as well as a database that is not authorized by the copyright or related rights, as well as the maker of the database. Technological means are considered effective in cases where the copyright or related rights, as well as the database maker controlled by copyright or related rights object, as well as a database with access control or protection process (with coding, creating noise or any other copyright and related rights the object or the database modification or with copy control mechanism, which achieves the protection objective);
20) Visual art: the work of graphic or plastic art (painting, collage, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics or glass products, photo URu.tml.) if it is made by the same author, or working copies that are considered originals. Copies of works which are made in limited quantities the same author, or made under his authority, are considered to be originals. This job copies the author usually is numbered, signed or otherwise duly marked. "
2. Supplement article 5 with a new second subparagraph by the following: "(2) derivative works are protected irrespective of whether the works from which they are derived or included therein, is protected by copyright.";
consider the second part of article about the third.
3. in article 6: Add to paragraph 1, the words "and the official consolidated version";
Replace in paragraph 2, the words "decorations, banknotes URu.tml." with the word "Awards".
4. Express article 15 of the first, second and third subparagraph by the following: "(1) the author, except for the computer program or database of authors, for the use of their work has the following exclusive rights: (1) public works;)
2) to publish the work;
3) publicly perform the work;
4) distribute the work;
5) broadcasting;
6) rebroadcasting;
7) make the work available to the public, by wire or otherwise so that it can be accessed individually chosen and selected for the individual;
8) rent, lease, or lending to the public of the original or copies of the work, except for three-dimensional architectural works and works of applied arts;
9) directly or indirectly, temporarily or constantly reproduce the work;
10) to translate the work;
11) aranžē, dramatize, ekranizē or other transformation of the work.
(2) computer programs for software authors use has the following exclusive rights: (1)) to distribute computer software;
2) make the software available to the public, by wire or otherwise so that it can be accessed individually chosen and selected for the individual;
3) lease, rent and public lending of computer programs;
4) temporarily or permanently reproduced software (as far as loading of a computer, play, use, transmission or storage of required it to reproduce, if such activity licence in writing to the holder of the right);
5) translate, adapt and otherwise transform the computer program and the reproduction of the results thereof (without prejudice to the rights of the person who alters the program).
(3) the author of the database with respect to the use of the database has the following exclusive rights to authorize or prohibit: 1) or a public database;
2) distribute the database;
3) make the database available to the public, by wire or otherwise so that it can be accessed individually chosen and selected for the individual;
4) temporarily or constantly reproduce the database;
5) translate, adapt or otherwise modify the database, as well as to reproduce, distribute, share, play or show the results of these activities. "
5. Express article 17 as follows: "article 17. Inalienable right to remuneration of the author of Visual art to the public in the event of resale (droit de suite) (1) the author retains the unbreakable right to remuneration for the subsequent Visual art, which moved to another person's property. Agreement on the author's denial of the right to remuneration for a future time. The first forfeiture of this work of Visual art to be considered as a transfer of ownership from the author to another person, whether or not for consideration.
(2) following the Visual art in the specific field of the first seizures, publicly selling (auction, with art galleries, art studios, shop URu.tml.), the author has the right to receive consideration: 1) 5 percent of the resale price, if it does not exceed an amount which is equivalent to EUR 50 000;

2) 3 percent of the resale price, if it does not exceed an amount which is equivalent to the amount of EUR 50000.01 up to EUR 200 000;
3) 1 percent of resale prices, if it does not exceed an amount which is equivalent to the sum of EUR 200,000.01 up to EUR 350 000;
4) 0.5 percent of the resale price, if it does not exceed an amount which is equivalent to the sum of EUR 350,000.01 up to EUR 500 000;
5) percent of the resale price 0.25, if it exceeds the amount that is equivalent to EUR 500 000. (3) the amount of panels for one Visual art may not exceed the amount which is equivalent to the EUR 12 500. (4) on the sale price is the price without taxes.
(5) Visual art the seller is obliged within 10 days after the sale to pay the remuneration property rights collecting societies which administer these rights.
(6) After administering these rights property rights collective management organization at the request of the seller (also a shop, a gallery, lounge URu.tml.) is obliged to provide the information necessary to ensure the administration of the remuneration. Such a request is to be made within three years after the sale of Visual art.
(7) a copy of Visual art's owner is obliged to give the author of the work seized the opportunity to exercise the right to reproduce the work, as well as to exhibit work solo. The author is obliged to ensure the conservation, bringing it to the reproduction or exhibition space and back, where the contract provides otherwise.
(8) the rights referred to in this article shall apply to foreign authors and their heirs only if your country protect the Latvian authors and their heirs of Visual art for public resale rights.
(9) after the author's death, the rights referred to in this article are the author's heirs. "
6. To supplement the law with article 17.1 of the following wording: "17.1 pants. Money mark (1) the Bank owns the copyright on lats banknotes and coins. Copyright Bank of Latvia do not touch money marks the image used by the right to be recognised as authors.
(2) signs is prohibited in any way reproduced, except when the Bank of Latvia, the European Central bank, the central bank or the country that issued the banknotes issued a written authorization of compliance with the Bank of Latvia, the European Central bank or the national banknotes reproduction requirements. The signs are not covered by the restrictions on the right of the property. "
7. Article 18: make the second paragraph as follows: "(2) as defined in this chapter, the author's property rights restrictions applied in such a way that they do not conflict with a normal exploitation of the work by the author of the regulations and do not unduly restrict the legitimate interests of the author."
to supplement the article with the fourth and fifth by the following: "(4) if the holder of this law article 20, first paragraph, point 1, 21-24 and 27 in the cases specified in article have the right to use the work, but he cannot exercise this right by the effective use of technological tools, he has the right to request that the author gives access to these works, subject to the rights of the author. The author may refuse to give such an opportunity, where the use is contrary to the second paragraph of this article.
(5) where the user of the work and the author can not reach agreement on the fourth paragraph of this article, they may apply to the mediators. "
8. Article 19: adding to the first subparagraph of paragraph 1, the words "subject to this Act, the provisions of article 20. ';
Add to the first part of paragraph 2 with the words "subject to this Act, the provisions of article 21. ';
make the first part of paragraph 9 by the following: "9) work is parodied or caricatured;";
replace the first subparagraph of paragraph 10, the word "translation" with the word "translation";
replace the first subparagraph of paragraph 12, the words "with the exception of this law article 17, first paragraph, under certain circumstances" with the words "with the exception of this law laid down in article 17.";
to turn off the second part.
9. To supplement the law with article 19.1 the following: ' article 19.1. The public works loan (1) copyright is not infringed when considered without the author's consent, but against payment of fair compensation to him, published a work is used for public lending.
(2) the calculation of the remuneration arrangements regarding State and local libraries for public loan, the payment of remuneration and the procedure for the pro rata distribution among authors, performers, phonogram producers and film producers is determined by the Cabinet of Ministers. "
10. Express article 20, first paragraph (1) of the following: "1") to reproduce and publish works of published citations and excerpts of the way scientific, research, polemisko and critical purposes, as well as news and current affairs programmes look to use appropriate; ".
11. Express article 22 the following: ' article 22. Work right of reproduction of Visual and auditory disabled people's needs while respecting this law article 18, second subparagraph, sight and hearing disabled people's organisations, as well as libraries, which provide services to the Visual and hearing disabilities, without the author's consent and without payment of remuneration may not, for commercial purposes, to reproduce and distribute the work of these disabled people in comprehensible form, to the extent necessary for the relevant disability. "
12. Turn article 23, first paragraph, the word "reprographic imaging unit".
13. Express article 25, first subparagraph as follows: "(1) in public places are constantly exhibited architectural, photography, Visual Arts, design and applied arts, representation may be used for personal use, information, news or current affairs programmes look or include works for non-commercial purposes."
14. Replace article 27, second paragraph, the words "within six months" with the words "of one month".
15. off article 28.
16. Article 29: replace the title of the article and in the first paragraph, the word "translation" (fold) with the word "translation" (fold);
replace the third paragraph, the words "when you output to the display by running, transmitting or storing the computer's memory" with the words "featured using, transmission or storage".
17. Make 30 first paragraph of article 2 of the following paragraph: "2) necessary information to achieve interoperability has not been readily available;".
18. Make 32, 33, 34 and 35 of the article as follows: "article 32. The termination of the right of distribution rights to distribute the work ceases at the moment when the work was first sold or otherwise disposed of in the European Union, if it had done the same author or if it was committed with his consent. This condition applies only to the specific material objects contained in a work or copies thereof, which are sold or otherwise disposed of.
33. article. The temporary reproduction of a work without the author's consent and without compensation is allowed to temporarily reproduce the work, if the reproduction is an essential component of the technological process and the objective is to ensure the work carried out by the intermediary transfer network between third parties or lawful use, and provided that the reproduction is not a permanent economic meaning.
34. article. Medium remuneration (1) without the author's consent, but paying the author equitable remuneration (carrier fees) may be for personal use, without direct or indirect commercial purpose to reproduce one copy jobs that included legal film or phonograms as well as Visual works. This provision does not apply to computer programs and databases, as well as on the work of reproduction of Reprographic imaging unit.
(2) the medium remuneration for reproduction for private purposes reproduction for such fees to be used for equipment and blank media material (sound recording tapes, video tapes or video cassettes, laser discs, CD, MiniDisc, URu.tml.) manufacturer and persons who come in Latvia.
(3) the medium remuneration is not paid, if the article referred to in the second paragraph and the blank media are imported material for use in a broadcaster or professional activities equipment and blank media are tangible imported most of the work for reproduction for commercial purposes, as well as when individuals come for non-commercial purposes.
(4) If the article referred to in the second paragraph and the blank material media not used are removed from Latvia, who paid the remuneration, the media have the right to get it back.
(5) in the second part of equipment and blank media material to the seller after the rights collecting societies demand is bound to prove that the medium remuneration for those equipment and blank media have paid material.
(6) if the seller can prove that bearer's remuneration is paid, it will pay the seller. In this case, the seller is entitled to take recourse against the manufacturer or the person who mentioned equipment and blank media materials are imported.
(7) the medium remuneration, collection, recovery and payment of the order, as well as the proportional distribution among authors, performers and phonogram and film producers is determined by the Cabinet of Ministers.
35. article. Remuneration for the reproduction of the work of the reprographic imaging unit

(1) without the author's consent, but paying fair compensation to the author and publishers have allowed published works, except the notes, are reproduced for personal and reprographic imaging unit service needs without direct or indirect commercial purposes.
(2) the remuneration for the reproduction of the reprographic imaging unit paid for such equipment to be used for reproduction, including the manufacturer of the scanner manufacturers and people that come in Latvia.
(3) If this referred to in the second subparagraph of article equipment not used are exported from Latvia, who paid the fee, is entitled to receive it back.
(4) in the second part of the equipment to the seller after the property rights collecting societies demand is bound to prove that the consideration for these facilities is paid.
(5) if the seller can prove that the consideration has been paid, it shall be paid to the seller. In this case, the seller is entitled to take recourse against the manufacturer or the person who mentioned the reproduction equipment used are imported.
(6) the extent to which allowed reprographic imaging unit to reproduce published works, for the reproduction of the reprographic imaging unit remuneration payable, its collection, recovery and payment of the order is determined by the Cabinet of Ministers. "
19. Article 37: Add to the article with the new sixth as follows: "(6) where the term of protection is not calculated from the death of the author or authors of the moment, protection has ended, if 70 years after the creation of this work it is not legally available to the public.";
believe the current article on the sixth seventh and express it as follows: "(6) any person who, after the expiry of copyright lawfully publishes or public previously unpublished work, shall be treated by the property rights and is valid for 25 years after the first publication or communication to the public."
20. Article 40: adding to the first part of the second sentence as follows: "it is prohibited to use the works received copyright permission, except in the cases provided by law.";
replace the fourth subparagraph, the word "three" with the number "10";
to supplement the article with a fifth by the following: "(5) the work by copyright users, also the rights collecting societies is obliged to provide information about the jobs."
21. Article 47: replace the sixth paragraph, the words "performers, phonogram producers and film producers" with the words "related rights";
to supplement the article with the new eighth subparagraph by the following: "(8) the Person whose name, pseudonym or name is specified on the object of related rights, added to it or appear in connection with the object of related rights, shall be deemed to related rights, if not proven otherwise. ';
to supplement the article with the ninth and tenth by the following: "(9) related rights rights not relating to the ownership of a material object, or the object of related rights included. Related rights rights inseparable from material possession of the object. Possession of the object of related rights transition itself does not cause the related rights rights transition.
(10) as regards the use of the object of related rights apply to this law, in article 40, 45. ";
consider the eighth article of the 11th.
22. Article 48: turn off the first part;
to make the second and the third part as follows: "(2) the Executive regardless of his property rights, as well as in the case of transfer of the economic rights, as regards their performances and the fixation is right: 1) require that he be identified as the performer, except where this is not possible due to the use of the performance;
2) oppose any distortion of his performance, modification or other transformation, which may harm the reputation of the performer.
(3) a bailiff for their performances have the exclusive rights to broadcast: 1) or public performances except where the performance is already a broadcast;
2 lock ever fixed) performance;
3) distribute the fixation of the performance;
4) broadcasting or rebroadcasting by cable fixation of the performance;
5) to make a fixation of the performance available to the public, by wire or otherwise so that it can be accessed individually chosen and selected for the individual;
6) lease, rent and public lending of the fixation of the performance;
7) directly or indirectly, temporarily or permanently reproduce a fixation of the performance. "
turn off the eighth.
23. Supplement article 49 in the first part of the sentence by the following: "the agreement on the creation of the audiovisual work is concluded in writing."
24. Article 50 of the expression as follows: "article 50. Film producer the right movie producer has the exclusive right to an original or a copy thereof: 1) spread;
2) rebroadcasting by cable;
3) make available to the public, by wire or otherwise, so that they can be accessed individually chosen and selected for the individual;
4) lease, rent and lent to the public;
5) directly or indirectly, temporarily or constantly reproduce. "
25. Article 51: make the first paragraph by the following: "(1) producers of phonograms shall have the exclusive rights to the phonogram or its copy: 1) spread;
2) make available to the public, by wire or otherwise, so that they can be accessed individually chosen and selected for the individual;
3) lease, rent and lent to the public, in instances when they are released by the producers of phonograms, or it happened with his consent;
4) directly or indirectly, temporarily or constantly reproduce. ";
to turn off the second part;
adding to the third paragraph after the word "lease" with the word "rent".
52. Article 26: to supplement the first sentence with the following: "published For commercial purposes shall be deemed to include such phonograms phonograms that are made available to the public by wire or otherwise, so that they can be accessed individually designated location and individually selected.";
make the second paragraph as follows: "(2) the first paragraph of this article shall be determined in consideration of the agreement concluded by the neighbouring rights collective management organization with a copy of the phonogram and their users or users of such associations."
27. the express 54. the first paragraph by the following: "(1) the broadcasters in respect of its broadcasts are: 1) the exclusive rights to broadcast on the public or places open to the public for a fee, or where the owner or possessor uses broadcasts to attract visitors;
2) broadcast program-carrying signals with any other broadcasters, cable operators and other distributors;
3) get any photographic image of the broadcast frame (frame photography) where the acquisition is carried out for personal use and to reproduce or distribute any such photograph;
4) rebroadcasting of broadcasts by cable;
5) to make the broadcast or a fixation of a available to the public, by wire or otherwise so that it can be accessed individually chosen and selected for the individual;
6) fix any show with sound or video equipment, directly or indirectly, temporarily or permanently reproduce a fixation of a broadcast or disseminate any such fixation. "
28. the express 54. article as follows: "article 54. Related rights law limits (1) the limitations provided for in this article shall be applied in such a way that they do not conflict with a normal exploitation of the object of related rights regulations and do not unduly limit the rights and legitimate interests of the rightholder.
(2) Without the consent of the holder of related rights and without payment of remuneration, it is acceptable to use the object of related rights, as well as lock in the following cases: 1) for personal use, subject to this Act, the provisions of article 34;
2) small fragments that include news and current affairs programmes look;
3) for the purposes of education and research, pursuant to article 21 of this law;
4) other purposes relating to the work of the author of the disqualifications set this law, 19, 22, 27 and 33.
(3) If the use of the object of related rights in accordance with the second paragraph of this article is not specified in the related rights may use the technological resources efficiently, apply article 18 of this law in the fourth and fifth.
(4) related rights the right to control the fixation of their performances, phonograms or film or distributing copies of it to the European Union shall cease as of the date when they were first sold or otherwise disposed of in the European Union, if it is done in the same or related rights it committed with their consent. This condition applies only to the specific material contained on media objects of related rights or their copies that are sold or otherwise disposed of. "
29. Replace article 55, first and second paragraph, the words "independent" with the word "on".
30. Article 56: replace the second subparagraph of paragraph 3, the word "disclosure" with the words "publication or disclosure";
to make a fifth by the following: "(5) the rights provided for in this chapter, are recognized in foreign natural and legal persons in accordance with international agreements binding upon Latvia."
31. the express 54. the second subparagraph by the following:

"(2) the maker of a database the right to control the resale of the database of the European Union shall cease at the moment when the database was first sold or otherwise derived in the European Union, if it made even the maker of the database or is it done with his consent. This condition applies only to the specific material in media containing objects or their copies that are sold or otherwise disposed of. "
32. the express article 61 of the first and the second part as follows: "(1) the maker of a database — natural persons — rights are recognised, if he is a citizen of Latvia or a person who is entitled to a passport for non-citizens of Latvia, other Member States of the European Union citizen or if Latvia or another Member State of the European Union has his habitual residence (domicile), or if he has a permanent residence permit.
(2) the maker of a database — legal persons — rights are recognised, if the legal person created in accordance with Latvia or another Member State of the European Union legislation and its legal address, administration or principal place of business within the European Union. If the legal person in Latvia or another Member State of the European Union is only a legal address, this person's actions must be continuously linked with Latvian or the economy of a Member State of the European Union. "
33. Replace article 62, the words and figures "68 and 69 of this law the provisions of the article with the words" and the number "of this law the provisions of chapter XI".
34. Article 63 of the expression as follows: "article 63. The collective management of rights general provisions (1) the copyright and related rights the protection of these rights can not provide individual or such protection is limited by the rights collecting society.
(2) Property rights collective management organization, operation, reorganisation and liquidation of the Association and Foundation is governed by the law in so far as this law provides otherwise.
(3) the economic rights of authors collecting societies established authors, and its aim is the author of the collective management of rights.
(4) the collective management of related rights organisations create, unless the interests of the holder of the right is not opposite, artists, film and phonogram producers, and its aim is the collective management of related rights.
(5) copyright and related rights economic rights are administered collectively only in respect of: 1) public performance, if this is entertainment, cafes, shops, hotels and other similar locations;
2 rental, rent and) public lending (excluding computer programs, databases and works of art);
3 retranslēšan of cables) (excluding rights of broadcasting organizations, regardless of whether they have the same rights or the broadcaster a broadcaster had copyright or related rights);
4) reproduction for personal use;
5) reprographic imaging unit for personal or reproduction of service;
6) Visual art resale;
7) of phonograms published for commercial purposes.
(6) the right of collective management for the fifth part of this article, copyright or related rights specified items at the same time can only be one property rights collecting society.
(7) Property rights collecting societies on the basis of the authority may be represented by another organization represented the interests of the rightholders.
(8) the only one the law society without other property rights collecting societies carry out the mandate for collective management of rights in respect of public lending, reproduction for personal use and reproduction of Reprographic imaging unit for personal or official purposes. "
35. Article 64: turn off the first part;
to make a fifth by the following: "(5) the right of collective societies are entitled to book their bank accounts not required and does not see the amount of consideration levied from users of the object and the subject, and after three years from the date of the deposit of the amount to the account of the Organization, as well as include bank deposit interest paid in the amount of costs to be routine."
36. Article 65: make the first part of paragraph 1 by the following: "1) agreed with the work and the object of related rights the users (article 63 of the fifth part 1 in the case specified in paragraph and, as regards related rights — sharing the case with users ' associations) on remuneration, payment arrangements and other provisions to issue a licence;"
Add to the first paragraph of paragraph 2, after the word "work" with the words "and related rights object";
replace the first subparagraph of paragraph 3, the number and the words "the second subparagraph of article 63" with a number and the words "article 63" the fifth;
make the first part of paragraph 4 by the following: "4) collected remuneration for Visual art, resale of public reproduction of a work for personal use and for other works and subject-matter of the applications in accordance with the regulations;".
37. Article 66: Add to the first paragraph, after the word "work" with the words "and related rights object";
Add to paragraph 1 the first subparagraph after the word "work" with the words "and related rights object" and turn off the word "execution";
Replace paragraph 2 of the first paragraph, the words "performance and" with the words "and related objects, as well as";
to complement the fourth paragraph after the word "work" with the words "and related rights object".
38. Article 67 of the expression as follows: "article 67. Property rights collective management organizations operating surveillance (1) property rights collective management organisation may carry out the collective management of rights only after the authorization. The permission property collecting societies shall issue and revoke the conduct of the Ministry of culture. Permit is issued based on the application of the Organization, to which all the information required for the evaluation.
(2) when issuing the permission property rights collecting societies, the Ministry of culture shall evaluate: 1) or the Charter in accordance with this law;
2) or an organization representing a significant portion of the Latvian authors or performers, phonogram producers and other related rights;
3) or the Organization will be able to make a particular law or use the efficient administration and or do not provide other property rights collecting society;
4) other circumstances, which are essential for the specific use of national or collective administration.
(3) the Ministry of culture shall supervise the collecting societies of the activities of the Organization, in particular whether: 1) the same rules apply to the same categories of users;
2) not to be unreasonably refused issue of licences;
3 the distribution of remuneration and costs) happens properly;
4) the rules on the collection and distribution of remuneration is fair;
5) administration costs are justified.
(4) the Ministry of culture override permissions to make the collective administration of rights, if: 1) Organization after repeated request of the Ministry of culture does not provide the information required to carry out supervision;
2) organization does not comply with the law and Ministry of culture specified deficiencies are not remedied within the time limit.
(5) information on the second and fourth part of the entry into force of the authorization, or cancellation of the Ministry of culture published the newspaper "journal" of Latvia. "
39. To complement the law with the new Department by the following: "chapter X 1. Mediators article 67.1. The use of mediators (1) If a broadcaster cannot mutually agree on retranslēšan, as well as article 18 of this law in the fifth subparagraph, the cases either party may apply to the mediation.
(2) the applications for mediation proceedings addressed to the Ministry of Culture and the other party.
Article 67.2. Designation of mediators (1) the parties may agree on a mediator's nomination or on the order in which the mediator is invited to or appointed. If the parties cannot agree on a mediator's nomination or the order in which the mediator is invited, the mediator can be appointed by the Minister of culture, based on the written request of the parties.
(2) the mediator selectable so that her independence and neutrality does not create a reasonable doubt.
Article 67.3. Mediation proceedings (1) If one of the parties submitted a proposal for resolving the dispute, the mediation process is based on this proposal.
(2) the mediator may make proposals to the parties to the dispute and set a time limit within which the parties confirm or reject his proposal. If neither of the Parties expresses objections to the proposals of the mediators, within three months after receipt of the proposal, it is considered that they accept these proposals.
(3) the mediator shall not be entitled to disclose the news and information which has come to his knowledge in connection with the mediation process.
(4) recourse to the mediator, the Parties shall not affect the right to go to court. "
40. Chapter XI of the Act be expressed by the following: "chapter XI. The protection of copyright and related rights article 68. Infringements of copyright and related rights

(1) violation of copyright and related rights are deemed the operation violated copyright and related rights in the personal or property rights, including: 1) of objects of copyright and related rights, their publication, fixation, reproduction and communication to the distribution in any form without the copyright and related rights-holder's consent;
2) operation without the subject of copyright and related rights permissions are deleted, amended or modified for copyright and related rights in the information on the attached electronic rights management;
3) that is distributed, transmitted, broadcast or published without the permission of the object to which the deleted, amended or transformed in electronic information on rights management;
4) copyright and related rights subject used the effective technological means of destroying or bypassing intended to limit or prevent any actions with the objects of copyright and related rights, or other actions with technological features, if they took place without the subject of copyright and related rights;
5) devices or their components production, import, distribution, sale, hiring, promotion or other commercial purposes, as well as the provision of services, which seek to circumvent effective technological means or destroy them;
6) of this Act 34., 35 and 52 of the remuneration provided for in article without payment.
(2) in determining whether a transaction qualifies as a breach of copyright or related rights, take into account this statutory restrictions of copyright and related rights.
(3) Unlawful acts made or common objects of copyright and related rights or copies embodying infringing copies are.
(4) For embodying infringing copies shall be protected in Latvia in the copyright and related rights objects imported from countries where they are not protected or where the term of protection expires.
Article 69. Copyright and related rights protection (1) the copyright and related rights, their property rights collecting societies and other representatives are eligible: 1) require the offender to recognize their rights;
2) prohibit your use of the work;
3) require that the offender restores the previous state of the law infringement, and to stop the unlawful actions or threaten creative work;
4) require the offender to pay damages, including lost profits, or require the offender to give a refund at the discretion of the Court;
5) require embodying infringing copies are destroyed;
6) require an intermediary whose services are being used to infringe copyright and related rights, or which makes it possible for such a breach is made, shall take appropriate measures in order to stop users to carry out such threats. If the mediator does not take appropriate measures, copyright and related rights shall have the right to take action against the intermediary.
(2) in order to protect its rights, copyright and related rights may apply to the Court. At the request of the plaintiff, the Court in these cases can be applied to the law of civil procedure the requirements laid down in the security features to prevent the infringement of the right or stop.
(3) at the request of the plaintiff, the Court may decide that the materials and equipment used for the manufacture of copies embodying infringing verifying drive copyright and related rights subject to cover damage or these materials and equipment shall use for charitable purposes or confiscated. Embodying infringing copies must be destroyed.
(4) if the violation of the rights protected by this law, in accordance with the procedure laid down in chapter X, the requirement for the protection of the violated rights of the holders of copyright and related rights in the same way the word copyright and related rights or property rights collecting society.
(5) copyright and related rights, providing legal action for violation of the law, are exempt from State fees. Property rights collecting societies, providing a legal action for infringement of the rights deriving from article 63 of this law in the fifth part of the cases referred, are exempt from State fees.
70. article. Embodying infringing copies of the attachment and destruction (1) the police or any other competent public authority, finding kontrafakto copies, they seize.
(2) in deciding the question of the responsibility of the convicted person, should decide on the destruction of copies embodying infringing. If the guilty person is found, the decision on the destruction of copies embodying infringing assumes authority to apķīlājus.
71. article. Responsibility for copyright and related rights and the maker of the database right infringement of copyright or related rights, depending on the nature of the infringement and its consequences for the infringer to "statutory responsibility."
41. the transitional provisions be supplemented with point 6 and 7 by the following: "6. Article 48 of this law, the third part 3 and 7 above the rights of performers are administered only collectively with respect to phonograms fixed performances, recorded or published in Latvia until 15 May 1993.
7. Financial rights collective management organizations set up to 1 May 2004, no later than September 1, 2004 must receive the permission of the collective management of rights. "
42. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions arising from the Directive 91/250/EEC, 92/100/EEC, 93/83/EEC, 93/98/EEC, 96/9/EC, 2001/29/EC, 2001/84/EC. '
The law shall enter into force on 1 May 2004.
The law adopted by the Parliament in 2004 on April 22.
State v. President Vaira Vīķe-Freiberga in Riga on 1 May 2004 the Editorial Note: the law shall enter into force on 1 May 2004.