Provisions On Public Lending

Original Language Title: Noteikumi par publisko patapinājumu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/88063

 
Cabinet of Ministers Regulations No. 444 in Riga in 2004 (April 27. No 25, 32 §) rules on public loan Issued in accordance with the copyright laws 19.1 the second paragraph of article i. General questions 1. determines the procedure of calculation of remuneration for State and local governments on public libraries loan (fees), costs of procedures and remuneration proportional distribution between authors, performers, phonogram producers and film producers.
2. the remuneration shall be collected, distributed and paid to rights holders property rights of one collective management organization that has received the authorization of the Ministry of culture (hereinafter referred to as the Organization).
II. Remuneration 3. Annual remuneration shall amount to 10% of the amount that State and local libraries last year given the volumes and values of minimum copies.
4. to be able to calculate the remuneration for the current year, in each year up to February 1, the Ministry of Culture shall submit the following information: 4.1. State and local authorities, of the public library under the number of the previous year and the funding allocated to restocking;
4.2. The Latvian National Library-on mandatory copies of delivery in accordance with the and other costs Appear free legal deposit law.
5. on the basis of this provision, the information provided in paragraph 4, the Ministry of culture of calculation of remuneration for the current year and submitted a budget request for next year.
6. the amount of remuneration is excluded from funding volumes assigned to the sight and hearing disabilities available libraries that can be found in the work, the performance and the phonogram transformed disabled comprehensible form.
7. in order to collect the reward, the Organization opened a special account to the Treasury and shall inform the Ministry of culture, showing properties.
III. Administration 8. Organization organizes each year a statistical study to determine which works, performances and phonograms, and how often they are on loan to the library. The Organization shall repay the investigator with the research costs.
9. the National Library of Latvia provides the organization with precise information on the country borrowed works, performances and Phonograms. Organization to pay the expenses incurred in collecting additional information, if the information is necessary for the distribution of remuneration and do not need the libraries.
10. the consideration of proportion between authors, performers, film and phonogram producers according to their frequency of loan.
11. The proportional remuneration distribution between one work for multiple authors and co-authors, as well as performers, producers and authors for a particular work, performance or phonogram, film is determined on the basis of these rules 8 and 9 of this study and summarized information.
12. the Organization shall have the right to deduct from the total remuneration of only the costs associated with the distribution of remuneration and the cost of administration. Administration costs also included this provision in paragraph 8 and 9 of that research and information gathering.
13. 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.
14. by paragraph 8 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 the cost of the rights holders no later than 1 July of the current year.
IV. Monitoring 15. Organization 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.
16. The Ministry of culture has the right to consult the organizations accounting issues related to charges, distribution and cost, as well as related administrative expenditure.
V. concluding questions 17. Regulations shall enter into force by 1 May 2004.
18. paragraph 3 of the rules shall enter into force on 1 January 2009. Until then, the rewards of such a size: 18.1. in 2003, 7% of the 2002 stock replenishment expenditure;
18.2. for the year 2004 — 7.5% from the 2003 inventory replenishment expenditure;
18.3. in 2005, 8% from the 2004 inventory replenishment expenditure;
18.4. the year 2006 — 8.5% of the 2005 inventory replenishment expenditure;
18.5. the year 2007 — 9% of the 2006 inventory replenishment expenditure;
18.6. for 2008 — 9.5% of the 2007 stock replenishment expenditure.
19. The consideration for the 2003 and 2004 is calculated and paid in the following order: 19.1. State and local authorities and the National Library of Latvia until 1 July 2004, submitted to the Ministry of Culture, this provision of the information referred to in paragraph 4 of the 2003 and 2004;
19.2. The Ministry of culture: 19.2.1. calculating the size of the compensation and submit a budget request for 2005, 2004 and 2003 (per year);
19.2.2. According to section 7 of these regulations to the remuneration paid for the organisation in 2003 and 2004 (two separate transfers).
Informative reference to European Union directive rules included provisions deriving from Council of 19 November 1992, directives 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property.
Prime Minister i. Emsis cultural Minister, Minister of Justice v. höche Editorial Note: rules shall enter into force on 1 May 2004.