Rules On The Blank Media Reproduction Of Material And Equipment Used For Remuneration And Its Collection, Distribution And Cost Reimbursement Procedures

Original Language Title: Noteikumi par tukšo materiālo nesēju un reproducēšanai izmantojamo iekārtu atlīdzības lielumu un tās iekasēšanas, atmaksāšanas, sadales un izmaksas kārtību

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/108026

Cabinet of Ministers Regulations No. 321 in Riga, 10 May 2005 (pr. 28. § 17) the rules on the blank media reproduction of material and equipment used for remuneration and reimbursement of its collection, distribution and costs the order Issued under the copyright law of article 34 of the seventh part i. General questions 1. determines the remuneration on blank media and materials used for reproduction equipment (hereinafter referred to as a reward), the recovery, the recovery and the cost of the order, as well as the order in which the remuneration is proportionally divided between authors , performers and phonogram and film producers. 2. the remuneration shall be collected, distributed and paid one property rights collective management organization that has received the authorization of the Ministry of culture (hereinafter referred to as the Organization). II. Remuneration 3. Consideration on blank material media pay the following amount (size of remuneration is defined as an individual rate for one unit): 3.1.-0.03 lats tapes;
3.2. videotapes, 0.06 lats;
3.3. MiniDisc (MD): 0.03 lats;
3.4. CD-R, CD-RW-0.10 ls;
3.5. the DVD-R, DVD-RW: 0.20 lats. 4. Remuneration for the reproduction equipment used to pay such amount (size of remuneration is defined as an individual rate for one unit): 4.1 audio recorder with audio cassette recording function, radio cassette with the audio recording function, audio tape recorder to audio cassette and the CDierakst function, with audio cassette and radio CDierakst, radio with CD, radio with MDierakst function, CDatskaņotāj to a record function, to a record MDatskaņotāj, MP3atskaņotāj with integrated hard disk: 1 lats;
4.2. the video recorder with video recording function, television with video recording function: 1 lats;
4.3. DVDatskaņotāj with record function, tv with DVDierakst function: 1 lats;
4.4. the satellite receiver with data entry options: 1 lats;
4.5. any CD burner that connects to your computer: 1 lats;
4.6. any DVD recorder that plugs into the computer: 1 lats. III. Administration 5. Organization Register register blank media reproduction of material and equipment used to manufacturer, including merchants, which assembles computer in Latvia (hereinafter manufacturer), and merchants, who led Latvia blank media materials or reproduction equipment (hereinafter importer), showing the person's name and legal address. Organ in amortisation register information updated every month and keep them accessible to the public. 6. At the end of each month, but no later than next month's piecpadsm to date, the multiannual manufacturer or importer shall submit an application in the Organization, stating: the manufactured or imported 6.1. blank material to the media and the type of equipment used for reproduction, the number and combined nomenclature code;
6.2. the country from which the blank media and the material used for the reproduction equipment imported jam;
6.3. the manufacturer's or these rules referred to in paragraph 10 in the register of registered professional users of the personal name, registration number, registered address, transaction date, seized the empty media reproduction of material and type of equipment used, the number and combined nomenclature code;
6.4. left blank material reproduction of media and equipment used for the type, number and combined nomenclature code;
6.5. the country to which the left blank tangible media and reproduction equipment. 7. If it is disposed (betrayed) manufacturer that rule 4.5 and 4.6 points in the bottom of the reproduction equipment used for these installations, the importer is not required to pay the remuneration. The remuneration is paid by the manufacturer. 8. If the manufacturer or importer is disposed (fees) this provision referred to in paragraph 10 the professional user register includes economic operators in blank media materials or reproduction equipment used, materials on blank media and reproduction equipment used to manufacturer or importer does not have to pay compensation. 9. If the manufacturer or importer shall leave the unused blank Latvia material bearer or reproduction equipment used, the manufacturer or importer: 9.1 for those not paid consideration;
9.2. receiving consideration back when it is paid. 10. the Organization shall establish a register of professional users, showing the person's name and legal address. Organization of professional users of the information contained in the registry, updated each month and keep them accessible to the public. The professional register of registered users: 10.1. broadcasters who empty the material reproduction of media or equipment to be imported or purchased from an importer or manufacturer and use professional activity;
10.2. the merchant that the empty media materials or reproduction equipment to be imported or purchased from an importer or manufacturer and uses the object of related rights of works and reproduction for commercial purposes;
10.3. the operator and the State or local authorities (agencies) that empty material in the media and reproduction equipment used in its activities, without using them for reproduction for personal use and not alienate them. 11. to register for the professional user, that rule 10 referred to the person's application for registration shall indicate the mode of operation, the name, registration number, registered address, phone and fax numbers, electronic mail address and a contact person. 12. the organization is entitled to exclude the person from the register of the professional user, if: the specified period 12.1 does not provide this provision the information referred to in point 15;
12.2. it does not comply with the rules laid down in paragraph 26;

12.3. the empty material media and equipment used for the reproduction does not correspond to the use of copyright law and article 34 of this regulation. 13. The Person excluded from the professional register of users, organizations, decision a month from the date of exclusion shall have the right to challenge the Ministry of culture. 14. the Ministry of culture Officer (appointed by the Ministry of culture State Secretary) law in the order of appearance of personal application and adopt a decision on the renewal of the person in the register of professional users or the Organization's decision to leave unchanged. Person a month from the date of receipt of the decision have the right to appeal to the district administrative court. 15. the register of registered professional users of the person at the end of each month, but no later than the 20th of the following month date, submit to the organization information on the blank media reproduction of material or equipment used for jam, including: 15.1. manufacturer or importer that bought blank media or the material reproduction equipment used;
15.2. purchased blank material reproduction of media and equipment used for the type and number;
15.3. the empty media reproduction of material and equipment used to use (each unit). 16. If the power users are included in the register, the person does not provide the information to organize information on a blank media and the material used for the reproduction or use of equipment their use does not comply with copyright law and article 34 of the rules, the remuneration paid to that person. 17. by paragraph 6 of these regulations in due receipt of the application referred to in the information organized by calculation of remuneration and shall issue a manufacturer or importer. 16. These provisions in the case referred to in paragraph organization calculates the remuneration corresponding to the blank media reproduction of material or equipment used to use. Manufacturer, importer and this provision a person referred to in paragraph 16 are obliged to receive and invoice the Organization 15dien during the Bill pay. 18. where an importer or manufacturer fails to submit the application of the provisions of this section 6 within the time limit specified in, or is not paid remuneration that the time-limits laid down in paragraph 17, the remuneration is calculated twice. 19. This provision 9.2. in the case referred to in subparagraph atmak 15dien this consideration of the organisation after this provision in the application referred to in paragraph 6. 20. the consideration between the groups of the holder of the right shall be distributed as follows: percentage of 20.1. for this rule 3.1 and 3.3 below in point blank media and materials 4.1 and 4.5 installations referred to in point: 20.1.1. authors-40%;
20.1.2. performers, 30%;
20.1.3. producers of phonograms — 30%;
20.2. for this rule 3.2. blank the material referred to in the local media and 4.2, 4.3, 4.4 and 4.6 installations referred to in point: 20.2.1. authors-33.3%;
20.2.2. performers — 33.3%;
20.2.3.33.3% of the producers of the movie. 21. This rule 20.2. remuneration referred to in the split portion of 0.1% plus the remuneration collected next year and add that rule 20.2. rightholder referred to part of the remuneration. 22. the remuneration collected for this rule 3.4 and 3.5. blank the material referred to in media, distributed as follows: 22.1.80% adds this provision 20.1. the entities referred to in the part of the remuneration;
22.2.20% added to that rule 20.2. rightholder referred to part of the remuneration. 23. the Organization shall have the right to compensation of the total charged for only the costs associated with the collection of remuneration, distribution and cost trēšan. administra 24. Financial rights collective management organizations have a duty to each year up to December 15 the mutual compensation of the administering organizations expenditure for the following year. 25. After administrative expenses are applied to the current year's organization on March 1, the cost of compensation for property rights collecting societies representing authors, performers, phonogram producers and film producers. 26. at the request of the organisation, the importer or manufacturer of professional user registry profile for persons are obliged to provide organization to familiarize themselves with documents that allow you to verify this rule 6 and the information referred to in paragraph 15, as well as to present to them the empty material in the media and reproduction equipment. 27. at the request of the organisation of the media blank material and equipment used to reproduce horse the seller is obliged to immediately provide information to the organisation: as the manufacturer or importer 27.1., which acquired the empty media material or reproduction equipment used;
27.2. for purchased blank material reproduction of media and equipment used for the type and number. 28. at the request of the organisation, public authorities have the obligation to provide the organization with information on imported blank material reproduction of media and equipment used for the type, number and combined nomenclature code. 29. This rule 26, 27 and 28 the information referred to in paragraph organization is entitled to use only charges, costs or repayment. IV. Monitoring 30. Organization each year up to April 1, the Ministry of culture submitted a report for the previous year, specifying: 30.1. information for this rule 5 and 10. reg. mentioned in paragraph three;
30.2. the collected remuneration;
30.3. the consideration paid off;
18.9. the remuneration distribution between property rights collective management organizations;
5. administrative expenditure;
remuneration paid in property 19.0. the collecting societies for the amortisation of the organ. 31. Financial rights collecting societies representing authors, performers, phonogram producers and film producers, each year before 1 may submit a report, the Ministry of culture: 31.1. remuneration received in the previous year;
31.2. the distribution of remuneration;
31.3. administrative expenditure;

19.5. the payment of the remuneration plan. 32. The Ministry of culture has the right to become acquainted with the Organization and property rights collective management organizations (representing authors, performers, phonogram producers and film producers) accounting documents relating to the charges, distribution and cost, as well as related administrative expenditure. V. concluding questions 33. Persons who were obliged to pay remuneration until the date of entry into force of the rules, but it is not paid, the debt is paid in accordance with the conditions which was in force when the debt was incurred. 34. Be declared unenforceable in the Cabinet of Ministers of 27 April 2004, Regulation No 443 "rules on the remuneration of the media and its collection, distribution and costs order" (Latvian journal, 2004, nr. 69). Informative reference to European Union Directive provisions included in the law arising from the European Parliament and of the Council of 22 May 2001, Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. Prime Minister a. Halloween Culture Minister, the Minister of education and science Druviet of I.