Rules For The Remuneration Of The Media And Its Collection, Distribution And Payment Procedures

Original Language Title: Noteikumi par nesēja atlīdzības lielumu un tās iekasēšanas, sadales un izmaksas kārtību

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Cabinet of Ministers Regulations No. 443 in 2004 (April 27. No 25 31) provisions on the remuneration of the medium and 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 the 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. Remuneration calculated by multiplying these provisions laid down in paragraph 4, the rate with the blank material medium possible recording time or data capacity (in accordance with point 5 of these regulations the criteria), as prescribed by the manufacturer. 4. Rate the material on blank media have on the audio recording hour 0.025 lats (hereinafter audiolikm) and late hour of video 0.05 (hereinafter referred to as the videolikm). 5.64 MB data capacity volume is considered blank media audio material, video-on the hour 2.35 GB. 6. the remuneration paid for the following empty material media (its size is determined as a percentage of the bet): 6.1., audiolikm cassette tape is 100%; 6.2. a video cassette, videolikm 100%; 6.3 MiniDisc (MD) – audiolikm is 100%; 6.4. CD-R and CD-RW, 40% from 10% of the videolikm and the audiolikm; DVD-R and DVD 6.5-RW-10% of audiolikm and 40% of videolikm; 6.6. other blank media materials with the capacity of 100 3 MB and more – audiolikm%.
7. the consideration paid for such equipment to be used for the reproduction (its size is defined as the individual rate for each type of equipment): 7.1 only sound ierakstošaj equipment (except the tape recorder) – two lats; 7.2. camcorders – two lats; 7.3. the MP3 player with an integrated hard drive — two dollars, and audiolikm is 100%; 7.4. satellite receivers with data entry capabilities – four lats and videolikm is 100%; 7.5. all types of CD writers that plugs into the computer, two lats; 7.6. all types of DVD writers that plugs into the computer, two lats; 7.7. the other DVD burner – four lats; 7.8. the computer hard drives – a 100% videolikm.
8. If the remuneration was not paid this provision in paragraph 9 or 10 in the time limit set, the remuneration is calculated twice.
III. Administration 9. Blank material reproduction of media or equipment used to manufacturer's obligation to pay compensation before expropriation.
10. The Person who led Latvia blank media materials or reproduction equipment used, is the obligation to pay compensation within 15 days of arrival in Latvia. 11. on the basis of the person's application, which according to the combined nomenclature of the European Union code specified in the blank media and the material used for the reproduction equipment and goods connected to it a copy of the accompanying document, the Organization shall issue a certificate of payment of the remuneration. 12. Realizing the empty material in the media and reproduction equipment, wholesaler shall ensure that items be added to the rule referred to in paragraph 11 of the certificate. 13. Article 34 of the law of copyright is provided for in the fourth paragraph, remuneration will be paid on the basis of the person's application and the attached documents, confirming the fact that the goods imported into the country. 14. the holder of the right of Remuneration between the groups, the percentage shall be distributed as follows: 14.1. for this rule 6.1 and 6.3. blank the material referred to in media and 7.1, 7.3 and 7.5. the equipment referred to in point 14.1.1. authors-40:%; 14.1.2. performers-30%; 14.1.3. the producers of phonograms-30%; 14.2. for this rule 6.2. blank the material referred to in media and 7.2, 7.4, 7.6 and 7.7. equipment referred to in point: 14.2.1 the authors – 33.3%; 14.2.2. – 33.3% performers; 14.2.3. film producer – 33.3%.
15. the remuneration collected for this rule 6.4, 6.5 and 6.6 blank the material referred to in media and 7.8. equipment referred to in subparagraph, broken down as follows: 80% adds that rule 14.1. legal entities referred to in the part of the remuneration and 20% added to this rule 14.2. legal entities referred to in the part of the remuneration. 16. the Organization shall have the right to compensation of the total charged for only the costs associated with the collection of remuneration, distribution and administration costs. 17. 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. 18. 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. 19. at the request of the organisation's statistical authorities and individuals who pay the reward, the organization is obliged to provide the information needed for payment of charges or refund, if the relevant information is not considered to be restricted access information. The information that the organisation is entitled to use only charges, costs or repayment. 20. at the request of the person in the organization that the empty media materials or equipment to be imported into the reproduction of copyright law article 34 in the third paragraph, for the intended purpose, facie documentary information about the imported media and equipment used.
IV. Monitoring Organization to 21 during the year April 1, submit a report of the Ministry of culture rewards collection, distribution and cost, as well as related administrative expenditure. 22. 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 23. Regulations shall enter into force by 1 May 2004.
24. With the entry into force of these regulations shall lapse at the Cabinet of 27 December 2001, Regulation No 530 of the "rules for the medium remuneration for the reproduction of the phonogram and film a personal needs assessment, collection, distribution and payment" (Latvian journal, 2001, nr. 188).
Informative reference to European Union directives, the regulations include provisions resulting from: 1) 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; 2) of 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 Minister of EmsisKultūr I, the Minister of Justice v. höche Editorial Note: rules shall enter into force on 1 May 2004 a