Order In Which Calculations, Cost And Distribution Of Remuneration For Public Lending

Original Language Title: Kārtība, kādā aprēķina, izmaksā un sadala atlīdzību par publisko patapinājumu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/162311

Cabinet of Ministers Regulations No 565 in Riga in 2007 (august 21. No 23. § 46) order in which calculations, cost and distribution of the remuneration for the public loan Issued in accordance with the copyright laws 19.1 the second paragraph of article i. General questions 1. determines the order in which the calculated on the remuneration for the public in Morrow patap (reward) for State, local, public person and derivatives for private libraries, as well as the procedures for the payment of remuneration and the pro rata distribution among authors, performers, phonogram producers and film producers.
2. the remuneration shall be collected on the distribution and paid holders of copyright and related rights law of one the collective management organization that has received the authorization of the Ministry of culture pursuant to article 67 of the Copyright Act (hereinafter referred to as the Organization).

II. Remuneration 3. Annual remuneration shall amount to 10% of the amount: 3.1 in the previous year, the national authorities or a public person derived libraries, restocking, and copies of the required value;
3.2. what a year earlier used the private library collections in addition to the warning.
4. the amount of remuneration is excluded from funding volumes allocated to libraries that provide services to the sight and hearing disabilities and available works and Phonograms reproduced the persons referred to in a clear form.

III. Remuneration and disbursements 5. for the purposes of calculating remuneration for the current year, State and local authorities or a public person and derivatives of the Latvian National Library each year up to April 1, the Ministry of Culture submitted the following information: 5.1. State and local authorities or a public person-derivative of it of the library and the library of educational establishments and the number of the previous year, State and local funding of inventory (including books , periodicals, films) replenishment of a phonogram;
5.2. the National Library of Latvia – delivered the number of copies required and the value according to the legal deposit law.
6. private libraries each year up to April 1, submit to the organisation information on the amount that the previous year benefited from inventory (including books, periodicals, phonogram, film) supplement.
7. on the basis of this provision of the information referred to in paragraph 5, the Ministry of culture of calculation of remuneration for the current year and submitted to the State budget request for next year.
8. the organization until current year February 1, submitted to the Ministry of culture scheduled in revenue and expenditure in respect of the distribution of remuneration for the previous year, subject to this provision of paragraph 16.
9. The Ministry of culture transferred to the Organization for consideration for the previous year in accordance with the law on the State budget for the current year.
10. private library Organization for consideration paid for the previous year by the rules referred to in paragraph 6, gathering information, but not later than 1 July of the current year.

IV. distribution of remuneration 11. Organization organizes each year a statistical study to determine which works, phonograms and film and how often are borrowed in the libraries. The Organization shall repay the investigator with the research costs.
12. the National Library of Latvia provided information on the Organization the country borrowed works, phonograms and films. The organization pay the Latvian National Library expenses incurred in collecting additional information, if the information is necessary for the distribution of remuneration and do not need the libraries.
13. the Organization's remuneration proportionally distributed between authors, performers, phonogram producers and film producers under their loan periods, on the basis of these rules 11 and 12 of this survey and the information gathered.
14. The proportional remuneration distribution between one work for multiple authors, as well as between performers and producers of phonograms in respect of a particular work, phonogram or film with relevant bodies in representing property rights collecting society.
15. the Organization shall have the right to deduct from the total remuneration of only the costs associated with the distribution of remuneration and payment administration. Administration costs also included this provision in paragraph 11 and 12 of that research and information gathering.
16. the Organization at the beginning of the financial year, the estimated harmonize administrative expenditure with economic rights collecting societies representing authors, performers, phonogram producers and film producers.
17. by paragraph 11 of these rules in the conduct of research, statistical compilation and administrative expenses are applied to the remuneration of the Organization for the past year and cost the holders of copyright and related rights no later than 31 December of the current year.
18. the organization up to the current year's April 1, submit a report of the Ministry of culture rewards collection, distribution and cost, as well as related administrative expenditure.

V. concluding questions 19. Be declared unenforceable in the Cabinet of Ministers of 27 April 2004, Regulation No 444 "provisions on public lending" (Latvian journal, 2004, nr. 69; 2006, nr. 194).
20. paragraph 3 of the rules shall enter into force on January 1, 2011. By that date the following remuneration: 20.1. about the 2007-9% from 2006, restocking costs and value of legal deposit;
20.2. for 2008, 9% of the 2007 restocking costs and value of legal deposit;
20.3. for 2009 to 9% from 2008. the annual restocking costs and value of legal deposit;
20.4. for 2010 – 9.5% of the 2009 stock replenishment expenditure and legal deposit.
Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 12 December 2006 of Directive 2006/115/EC on rental right and lending right and on certain rights related to copyright in the field of intellectual property.
Prime Minister a. Halloween Culture Minister h. demakova Editorial Note: rules shall enter into force on 29 august 2007.