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On Copyright And Related Rights

Original Language Title: Par autortiesībām un blakustiesībām

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The Republic of Latvia Cabinet of Ministers of 11 august 1998, the Regulation No. 297 (in Riga. Nr. 44, 3. §) on copyright and related rights of the Republic of Latvia Issued the constitutional order of article 81 chapter I General matters article 1. The terms used in the rules the rules used in the following terms: 1) author-a natural person whose creative ability of the resulting work;
2) work-the author's creativity results in any physical form;
3) phonogram-performances with hearing the sound of the visible or other sounds or sound fixation digital display;
4) artist-actor, singer, musician, dancer or any other person, that reflects the role, sings, reads, plays or in any other way perform literary, arts or folklore work, provide the stage, circus, puppet or other performances;
5) producer-the natural or legal person who financed and organized the creation of the audiovisual work and the first fixation of the phonogram;
6) notification-the action by which a work is first made available to the public Premiere, Premiere, pirmdemonstrējum or first published form;
7) publishing-the action by which a copy of the work with the author's consent to become available to the public, subject to the condition that the number of copies satisfy the reasonable demand of the public, according to the nature of the work. The publication is not considered dramatic, musical or dramatic performance of audio-visual works, musical works, literary works fulfill a public reading, literary or artistic works or of air transmission by wire, Visual works or architectural works built in the play;
8) public performance-in any work or other protected subject to these provisions (with the exception of audiovisual work) performance, reading, dance, play, aktierisk performance or otherwise, directly or through any technical device or process carried out through work with the m's in a public place or in a place where you can be a member of the public;
9) reproduction-work or other protected subject matter in these terms in one or more copies of a creation in any physical form, of a work or other protected subject to these provisions a long-term storage in electronic form, as well as one or more three-dimensional copies of a two-dimensional work setting and one or more two-dimensional copies from a three-dimensional work, as well as a protected work in digital form includes u z storage in electronic equipment;
10) retransmission of programmes or programmes of immediate-or the absence of the full or partial dissemination, without making the program or participate in any programme modifications, if such transmission is carried out by another organization, not that it did the first time;
11) interface-part of a computer that supports and interoperability between inthis context, software and hardware elements, as well as dialogue with the user;
12) sound fixation-sound material in the form of incarnation, which sounds can make audible at any time.
2. article. Copyright principles (1) copyright is an author's exclusive rights to your work and any use of it.
(2) the copyright belongs to the author as soon as the work is created.
(3) the copyrights on literary, scientific and artistic works (literary and artistic works), including the unfinished works, regardless of the statement of work and the value of the expression or type.
(4) copyright ownership is not necessary for the attestation of registration, special design work or any other formalities.
(5) the author or his successor in title, their right to work, be furnished with copyright protection, which shall reproduce the techniques and in a place to be seen clearly that the copyright remains. This mark shall consist of three elements: 1) "C" in a circle;
2) copyright holder (name);
3 year first published work).
(6) copyright and property rights are personal in nature, they give the author the exclusive right to use the work without any restrictions, if these rules otherwise.
3. article. Copyright scope (1) copyright in works that are notified or not reported in Latvia, but in Latvia in any physical form, is the author, or his successors, as well as other copyright successors.
(2) the copyright for works that were simultaneously published abroad and in Latvia, is the author and his heirs, as well as other copyright successors.
(3) in accordance with the second paragraph of this article, the work is considered simultaneously published abroad and in Latvia if it were posted within 30 days after it is first published in a foreign country.
(4) the Republic of Latvia citizens and other persons permanently residing in Latvia, as well as their successors are recognized copyrights to works that notified in a foreign country in any physical form. Other people's copyright to works that the notified or disclosed to a foreign State in any physical form, are recognized in the Republic of Latvia in accordance with international agreements.
Chapter II protected and non-protected works 4. (1) the object of copyright Copyright object regardless of the type of expression and form are the following: 1 the specific author) literary works (books, brochures and other written works, speeches, lectures, sermons, messages, calls, and other similar works);
2) computer programs;
3) dramatic and musical dramatic works, scenarios, literary project of audio-visual works;
4) choreographic and pantomime works;
5) musical works, with or without text text;
6) audiovisual works;
7) drawing, painting, sculpture and graphic works and other works of art;
8) works of applied art, scenery and stage design;
9) design work, except when they are already protected under the industrial design protection act;
10) photos and the works that met a photo or in a similar way using photos;
11) cranes, constructions, architectural sketches, work, projects, buildings and structures of architectural solutions and other wares, and urban gardens and parks projects and solutions;
12) geographic maps, plans, sketches, plastic works relating to geography, topography and other sciences.
(2) ideas, methods, processes and mathematical concepts are not objects of copyright.
5. article. Derivative works that are protected by copyright (1) do not touch the originals by rights, copyright protects: 1) translations and finishing, processed, annotations, reports, summaries, reviews, musical arrangements, screenings and dramatizējum;
2) work items (encyclopedias, anthologies, atlases), as well as databases and other complex works that the selection of the material or layout is creativity.
(2) copyright protected derivative works, whether or not the works on which derivative works based or included therein are protected by copyright.
6. article. Works that are not protected by copyright in accordance with these rules is not protected: 1) regulations and administrative documents and court decisions (laws, court judgments, decisions and other official documents), as well as official translations of this text;
2) State approved, as well as internationally recognized official symbols and signs (flags, coats of arms, decorations, monetary signs URu.tml.), the use of which is determined by the individual acts;
3) maps and use determined by law;
4) simple information in the press, radio, television or other media for the daily news and various facts and events;
5) ideas and principles on which any element of a computer-based (including its interfaces), computer programs, logic, algorithms and programming languages.
Chapter III copyright in article 7. The author and the author's successors (1) the author, co-author, derivative works, audiovisual work, authors of that person's heirs and other successors of the author may be subject to copyright.
(2) copyright in a copyright on work implemented directly with the mediator and representatives, as well as property rights collective management organizations.
8. article. Presumption of copyright (1) in the absence of evidence to the contrary, the person whose name or generally recognized pseudonym appears on a published or notified or repetitive work, considered to be the author of the work.
(2) If notified or published work without specifying the author in the first part of this article in the specified manner, the author's name and interest in the work of the editor, but if he is not specified, the Publisher or the author of the authorised person. This applies as long as the author of the work will not disclose your identity and do not apply to copyright on the work.
9. article. Co-author (1) If a work has two or more authors and each author's individual contribution to the work of creation is not norobežojam as an independent work, copyright in the work belongs to all the co-authors jointly.
(2) if the individual contribution of each author is an independent work, the copyright to each author's individual contribution as an independent work have each author.
(3) protection against copyright infringement can realize any co-author, independently of the other co-authors.

(4) If one of the authors refuses to complete or from his independent reason unable to complete your part of the job creation in the process, he may prevent the use of their own work to complete it. This author is entitled to his share of the work, as well as on the consideration for the contract provides otherwise.
10. article. The composite work dialer (1) drawer where creative work is the selection or the arrangement of the material, is copyright to sastādījum a complex work, where each work included in the composite work of the author are retained the rights to his work.
(2) the inventory and other complex works included the work of authors retain the copyright to their work each and it can also be used outside of this item or put in the work.
(3) the Creator's copyright does not preclude other persons independently to carry out the same work, and the selection and arrangement of the materials.
11. article. The authors of the audiovisual work (1) on the audiovisual work can be recognised by the Director, the author of the scenario (the dialogue), the audiovisual work created a musical work (with text and no text) author, g.borro SR, depending on the operator, the creative effort, animation artists, as well as other persons, k s creative work contributed to job creation.
(2) The audiovisual work, cannot be declared by the producer.
(3) the authors of the audiovisual work, except the audiovisual work created by the author, save the music author's personal rights each to his own work, but cannot themselves be used regardless of the audiovisual work, as a whole, if the contract with the producer unless otherwise specified. A musical work, the author retains the author's moral rights and economic rights of the author. The author of the scenario, your work can be used in other types of work.
12. article. On behalf of the employer would create job author (1) if the author while in an employment relationship with the employer, created a work, performance of work, the first in the personal and property rights of the owner is the author. In this case, the author's economic rights shall be put under contract by the employer, with the exception provided for in the second subparagraph of article.
(2) where a computer program is developed by an employee in the execution of the work, all of the tasks in this way, the author of a computer program created by the economic rights shall belong to the employer, unless otherwise provided in the contract.
13. article. The author's contract for commissioned work (1) If an author's contract concluded for the ordered work, the author must perform his work ordered in accordance with the provisions of the Treaty and must be handed over to the client for use within the time limit laid down in the Treaty and in the order listed.
(2) it is the responsibility of the author personally ordered him to execute the work.
(3) call upon and coauthors co-written composition change may be only with the written consent of the Subscriber, making amendments to the agreement. If the author does not follow the obligation personally execute the job, the customer may terminate the contract.
Chapter IV rights of the author in article 14. The author's moral rights (1) independently of the author of the work from his property rights (even if he is not the owner of the rights in rem) is inalienable rights: 1) to the authorship-the author to be acknowledged;
2) to job notification and publication-to decide if and when the work will be notified or published;
3) to work for withdrawal-to request the suspension of the use of the work, the losses incurred by the user due to termination, except that the provisions of article 38, second paragraph, and in article 464 of the civil code in certain cases;
4) to Word-request to his name, subject to the practical considerations, should be properly indicated and all copies in any public event associated with his work, or require the use of a pseudonym or anonymity;
5) to work for privacy-use the right to authorize or prohibit the making of any amendments and additions to the work, its title;
6) to retaliate (also on the termination of the contract without damages) for any of their work, or misrepresentation or distortion to transform, as well as the work of the author's right infringement that may be detrimental to the author's honor or reputation.
(2) one of the first rights referred to in the author's lifetime can not go to someone else.
15. article. The author's economic rights shall (1) except as provided in these rules, the authors of the work has the exclusive right to exploit his work in any form, as well as receive remuneration for permission to use the work and on the use of the work.
(2) the author regarding the use of the following exclusive rights: 1) announce;
2) to publish the work;
3) to reproduce the work (including a computer program by any means and in any form, in part or in whole. As far as the software is loaded, demo, use, transmission or storage of required to reproduce, such action a written permission of the copyright owner);
4) distribute the work;
5) execute the work to the public;
6) rent, transfer, or lease of publicly lent any originals or copies of the work, except for three-dimensional architectural works and works of applied arts;
7) to import copies of the work, even if imported copies are made with the permission of the copyright owner;
8) to translate the work;
9) aranžē, dramatize, ekranizē or other transformation of the work.
16. article. Copyright transfer (1) the copyright, except the right to authorship, the right to the name of the author and the right to work, go to the heritage.
(2) the author's heirs over the right to announce a job, use the job and receive remuneration for permission to use the work and on the use of the work. The author's heirs have the right to protect the author's moral rights.
(3) other author's successors (including legal persons) can move only the second paragraph of article 15 rights.
(4) copyright is not related to the ownership of a material object in which the work is expressed. The copyright to the work, expressed in any material object, different from this object's tenure. The material object (including a copy of the first fixation of the work) tenure transition in itself does not cause the copyright of this work transition. However, if the copyright component is any exclusive rights to the transition itself does not cause the material object ownership transition.
Article 17. Copyright on disposed of fine art work (1) the author retains the copyright to fine art work, sketches, cast its composition and working models that switched to another person's property. Fine art work or does not compensate for the offset of the ownership transition from the author to another person means the first sale of this work. Fine art public resale of work (auction, with fine art work in the Gallery, art shop, shop URu.tml.) the author shall have the right to receive five percent of the resale price.
(2) the remuneration due to the author in accordance with the first subparagraph of this article, may collect, distribute, and pay the authors property rights collecting society.
(3) the owner is obliged to give the author of the work seized the opportunity to exercise the right to reproduction of the work, as well as the exhibit work solo. The author is obliged to ensure the preservation of the (security), bringing the work to the exhibition or reproduction site and back, where the contract provides otherwise.
Chapter v implementation of the rights of the author property and restrictions of article 18. The author's economic rights shall not be construed as a breach of Copyright if the author of the work without the author's consent and without compensation is used in the following situations: 1) if the work is used for informational purposes;
2) if the work is used for educational purposes in accordance with the provisions of article 20;
3) if the work is reproduced in libraries and archives;
4) if work is reproduced for purposes of the proceedings;
5) If you are using a public or at work;
6 If a musical work) is used for official and religious ceremonies or institutions directly in the training process;
7) if work is temporarily used the on-air broadcast organizations;
8) If a computer program is used for the reproduction, translation and transformation in accordance with the provisions of article 26;
9) if the software interoperability;
10 if the disposal) to another person except happens again, article 17, first paragraph, under certain circumstances.
19. article. The use of a work for information purposes (1) required the use of the work and the author's name, as well as subject to this provision, the conditions of article 14 and that the work does not cause a loss of the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, authorized: 1) use notified work citations of scientific, research, polemisko, critical and informational purposes in accordance with the purpose of making citations;
2) publish newspapers, broadcast over the air or by wire publicly say political speech, calls, messages, and other similar tasks in accordance with the objective of information;
3) fix, announce and publish current events photos, broadcast over the air or by wire jobs that become visible or audible unfolding developments, the information corresponding to the objective.
(2) the provisions of this article do not apply to computer programs.
20. article. The use of a work for educational purposes

(1) the Compulsory indication of the name of the work used and the name of the author, as well as with the requirements that the job losses will not repeat the normal use of the work and do not unreasonably prejudice the legitimate interests of the author, authorized or notified or published works of their snippet to use textbooks, radio and television broadcasts, audiovisual works, Visual demonstrations that will be used for immediate learning nonprofit educational institutions in accordance with the objective of their activities.
(2) the provisions of this article do not apply to computer programs.
21. article. Reproduction of the work to the needs of libraries and archives (1) subject to the requirement that the reproduction of the work will not damage the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author in any library or archive whose purpose is not of direct or indirect profits, allowed to make one copy of the work with the help of the reproduction, reprographic imaging unit if: 1) reproduced work is the publication of īsform, another job or a used piece of work, with or without illustrations, and if the purpose is to satisfy the requirements of natural persons provided that the copy will be used solely for teaching learning or research purpose and reproduction is a stand-alone instrument, which is repeated in separate and unrelated occasions;
2) such copy made to keep especially valuable or replace the work or any other library or archive copy for the permanent collection, which is lost, corrupted or become unusable, and it is not possible to acquire such a copy in another acceptable manner and reproduction is a stand-alone instrument, which is repeated in a separate and mutually unrelated cases.
(2) the provisions of this article do not apply to computer programs.
22. article. The reproduction of the work objectives of the proceedings (1) Without the permission of the author and without payment of royalties allowed work reproduced in accordance with the purposes of the proceedings.
(2) the provisions of this article shall not apply to computer programs.
23. article. Public use of the work exhibited in public places at the architecture, photography, fine art, design, as well as the representation of applied arts (except where to do so is forbidden) allowed to broadcasting or by wire. This does not apply where the representation is an object for further work for repeat, to broadcasting or by wire or work for the use of the image for commercial purposes.
24. article. Work free use in public performance without the author's consent and without payment of royalties allowed publicly perform published musical work: 1) official and religious ceremonies following the ceremony in accordance with the nature of the load;
2) educational institutions directly in the learning process, participating faculty and students, if the audience is just the teachers and students, as well as persons who are directly associated with the school (parents, guardians, coaching).
25. article. Free entry to the on-air broadcast organization of ephemeral (1) ether broadcast organization without the author's permission and without payment of additional royalties may do the work of temporary records that this organisation has the rights to broadcast in the ether, if such records of ether broadcasting organization carried out with your own or other products to your needs.
(2) the records with a special documentary or cultural importance can save the archives without an agreement with the author of the work, but such work requires the author's permission.
26. article. Restrictions on the reproduction of computer programs, translation and any other conversion rights (1) if the contract provides otherwise, and software use rights obtained legally, its reproduction, translation, adaptation or any other processing of the reproduction of the results does not require specific permission of the copyright owner, unless these activities (including error correction) requires the use of a computer program for the purpose.
(2) Datoprogramm of use rights legitimate acquirer through a contract may prohibit making a backup, if the copy is required for the use of a computer program.
(3) a Person who has the right to use the software without the copyright owner's permission may observe, study or test the functioning of the programme, to discover the ideas and principles to which any computer-based elements, if that person made it, software loading when you output to the display by running, transmitting or storing the computer's memory, and if that person has the right to take appropriate action.
27. article. Software interoperability (1) the copyright owner's permission is not required if no computer program code or change the shape of the reproduction it is impossible to obtain the necessary information to achieve independently created computer programs interoperability with other computer programs, if the following conditions are fulfilled: 1) these activities are carried out by a person who obtained the legal right to the use of the copy of the computer program;
2) information this part 1 the persons referred to in paragraph to achieve interoperability is not available in any other way;
3) these activities are limited to only those parts of the computer programs necessary to achieve interoperability.
(2) in accordance with the first paragraph of this article, the conditions for information: 1) should not be used for other purposes, only to achieve interoperability with an independently created computer program;
2) disclose to other parties, except where necessary to achieve interoperability with an independently created computer program.
(3) the provisions of this article shall not be interpreted in such a way that their application was not reasonably prejudice the interests of the copyright owner or is in conflict with a normal exploitation of the computer program.
28. article. Disposal of work without the author's permission and without payment of additional royalties allowed to resell or otherwise transfer ownership of a copy of the work if this copy of ownership has taken place the first sale or transfer in any other way, except that the provisions of article 17, first paragraph, under certain circumstances.
29. article. Medium remuneration (1) without the author's permission, but paying a reward, natural persons are allowed to reproduce audiovisual works and Phonograms for personal use only (also for use for scientific and research purposes).
(2) the medium remuneration for the reproduction of such a reproduction cost of equipment used and the blank material media (sound and (or) videos and cassettes, laser discs, CD URu.tml.) manufacturers and importers.
(3) the medium remuneration, compensation charging and payment arrangements as well as the proportional distribution between authors, performers and producers of phonograms fixed by the Cabinet of Ministers.
(4) the medium remuneration charged by the collecting society the organisation paid authors part due, but the performers and producers of phonograms defined the medium remuneration transferred to neighbouring rights collective management organizations for performers and producers of phonograms the payment.
(5) the medium remuneration for reproduction is not paid, if the media materials for personal use purchased by individuals or the Cabinet of Ministers approved list includes legal entities, where the media file used to provide visual and hearing disabilities.
(6) the medium remuneration is not paid if this referred to in the second subparagraph of article equipment are imported into the professional activities of the broadcaster or empty tangible media is imported, most of the work for reproduction for commercial purposes.
(7) the provisions of this article do not apply to computer programs.
Chapter vi article 30 of the copyright term. General conditions (1) copyright is in force throughout the author's lifetime and for 70 years after the author's death, with the exception of those rules specified in article 31.
(2) the author shall be entitled, in the same order in which the estate is appointed, the person he asks his rights after the death. That person shall exercise his powers until the end of his life. In the absence of such instructions, copyright after the death of the author realizes his heir. If there are no heirs or heirs of copyright protection ended, distributes the State authorized bodies.
31. article. Copyright term for certain types of work (1) the copyright in the audiovisual work is valid for 70 years after the last, the other authors of the audiovisual work in the surviving author's death.
(2) the copyright in the work, which notified anonymously or under the pseudonym, the 70 years from the date of notification. If during that time, anonymously or under the pseudonym notified the author of the work reveals his personality or his personality, no doubt, this provision applies Article 30, paragraph 1.
(3) the copyright in the work created by the co-author, is in force throughout the life time and co-author of 50 years after the last, the other co-author of the surviving author's death.
(4) the authors whose works were prohibited in Latvia or from June 1940 to May 1990, it had limited use of copyright limitation period of prohibition or restriction, the reference years.
(5) the copyright to the photos work in force for 70 years.

(6) copyright on works whose copyright protection term starts from the date of notification of the work and published in volumes, parts, instalments and episodes, each volume, part, release or an event alone.
(7) any person who, after the expiry of copyright was first lawfully published or lawfully communicated previously unpublished work, you get the author's economic rights shall be in force for 25 years after the first publication of the work or of public disclosure.
32. article. Calculation of the term of copyright provided for in this chapter of the copyright period starts on January 1 of the year following the emergence of the law (legal fact) and ends on 31 December of the year in which these regulations ceases to 30 and 31 the deadline referred to in article.
33. article. The works on which the copyright term expired (1) jobs that the copyright term expired, you can free to use by any party, subject to the copyright, right to work and the right to privacy in accordance with the provisions of article 14.
(2) royalties for the use of such work is not paid.
Chapter VII working rights article 34. The right to the use of the work of the author (1) in order to obtain the right to use the work, the author of the work the work users use each type of use of the work and each time you use the work requires the author or his/her heir or other successor in title of the author's permission.
(2) permission to be received from the first paragraph of this article, the copyright owners can be both the license and the license type.
(3) the user must be concluded before the use license agreement, or to receive the license of the author's work.
(4) for each concert, performances, promotions, or other event organizer, if this event in any way used by the job, not later than three working days before the event in question-need to get a license to use.
35. article. License agreement (1) the license agreement is a contract by which one party-author, his heir or other successor-copyright gives permission to the other party-copyright-holder the right to use the work and determine the use of the work, as well as agree to the terms of use, the order of payment of remuneration, the amount and the term.
(2) the license agreement with the user may enter into: 1) by (author);
2) heir (the heir);
3 the author property rights) collecting societies (economic rights of authors collecting societies).
(3) the license contract may provide for the grant of a license for use of the work in one or more of the ways specified in the contract, as well as the transfer of license rights to third parties (sublicenc). The rights can be transferred in whole or in part. If the instructions in the contract, the license is limited to those deriving from the Treaty and is necessary to achieve the objective of the Treaty.
36. article. License and its types (1) licence is a permission to use the work in the manner and under the conditions specified in the licence. Is a simple license, license exceptions and general license.
(2) a simple licence to the licensee to carry on the actions allowed simultaneously with the author or other persons who have received or will receive the appropriate licence.
(3) the exclusive licence to the licensee to carry on the permitted activities.
(4) a general licence to the licensee to use all economic rights of authors collecting societies of authors represented.
37. article. License and license agreement (1) any licence be issued in writing.
(2) the license agreement can be both written and oral.
(3) a written licence agreement concluded as follows: 1) a publishing contract;
2) notification of the contract;
3) the agreement on the creation of the audiovisual work;
4) any contract containing exclusive licence or a general license.
38. article. License agreement or license (1) the time for which a license agreement entered into or issued license is determined by agreement between the parties.
(2) If the license agreement or license is issued for a limited time, the author, his heirs or other authorized representatives they may terminate at any time on written notice to the other party six months before the license agreement or license termination.
(3) the license agreement or license are not allowed to include a provision on author's abandonment of the second part of this article the rights.
39. article. The area, which is in effect a license agreement or license (1) the license agreement or licence must indicate the area in which they are valid.
(2) if the licence agreement or licence does not specify the territory for which they are valid, they apply to the country in which the conclusion of a license agreement or license has been issued.
40. article. The copyright of the subject lease and loan (1) authors who created computer programs, audiovisual works and the works contained in phonograms, have the exclusive right to authorize rental to your original or copies of the work for commercial purposes. Conditions of this Part applies only to fixed copies that can be put into circulation as tangible things.
(2) the first paragraph of this article shall not apply to computer programs if the program is not on the parent object, and the lease to the audiovisual works, unless the work can cause extensive rental copy, thus causing material injury to the author's exclusive right of reproduction.
(3) if the author has transferred his grantor of rights in the phonogram, the audiovisual work or copies of the original producer, the author retains the right to receive remuneration for the rental.
(4) the author may not waive the right to receive remuneration for the rental.
(5) a published work of public lending is allowed without the author or another copyright owner's permission. Authors have a right to remuneration for public lending.
Chapter VIII related rights article 41. The owners of related rights (1) the rights related to copyright is subordinate to the performers, producers and broadcasters the right to reproduce and to meet the author.
(2) the object of related rights is performance, staging, broadcast and their fixation, as well as audiovisual works and Phonograms.
(3) the rights specified in this section are the owners of the performers, producers and broadcasters or their successors in interest and assigns.
(4) the cable operators, which retransmitted other broadcasters broadcasts may not be the right specified in this chapter.
(5) producers and broadcasters shall exercise their rights under law, which contract with the author and the artist assigned to the objects of copyright and related rights. Permission received from the Director on staging the show, does not replace the permission must be received from the other artists participating in staging, and the author of the work. Author and artist permission are not interchangeable.
(6) the performers and phonogram producers to enforce the rights laid down in this chapter, subject to the rights of the author of the work.
(7) the rights provided for in this chapter shall not need to comply with any formalities. The endorsement of the national producer may use the mark consisting of the letter "P" in a circle, first published phonogram or audiovisual fixation of the work year.
(8) the owners of related rights shall exercise their rights directly with the authorised person or related rights collective management organizations.
Article 42. The rights of performers (1) the performer in respect of their performances or productions in the works (works that well implemented with mixed technique) has the following exclusive rights: 1) to the performance or staging a defense against any distortion or any other action that would undermine the honor and reputation of the performer;
2) authorize or prohibit their broadcasts over the air and the fulfillment of the public, except where the performance is already a broadcast or staging or otherwise legally fixed;
3) authorize or prohibit the fixation of performances or fixed before production;
4) authorize or prohibit the fixation of their performances in the direct or indirect reproduction;
5) authorize or prohibit the fixation of the performance or production, broadcasting or by wire, except where the fixation was first performed for non-commercial purposes.
(2) Performers shall have the exclusive right to authorize or prohibit the lease or publicly lent his fixation of.
(3) where the performers with the audiovisual work to the producer individually or collectively sign a contract for the implementation of the audiovisual work, the artist in accordance with the fourth subparagraph of this article have transferred her rental right, where the contract provides otherwise.
(4) If a performer his rental right concerning a phonogram or audiovisual work or the original copy is transferred or assigned a different phonogram or audiovisual work, the producer of the executor reserves the right to receive remuneration for the rental. The performers may not waive the right to receive remuneration for the rental.
(5) the specified charges, split and cost is carried out in accordance with the provisions of article 45 of the quarter.
(6) The authorisation to use performance or staging and the use of the first part of this article, 2., 3., 4. and in paragraph 5 and the fourth part in the cases specified in executive pay.

(7) the remuneration specified in the first paragraph of this article, 2., 3., 4. and in paragraph 5 and, in the fourth paragraph to pay the bailiff or his authorized person in accordance with the signed agreement.
(8) the holder is entitled to issue the rules referred to in article 36 license.
43. article. The contract with the performers on the audiovisual work (1) Performers and producers of audiovisual work audiovisual work of the agreement on the implementation of that executive producer the right to the transfer of the fixation of the notification, and reproduction. The use of such audiovisual work rights restrict the rights conferred by the bailiff and, where the contract provides otherwise, do not include the right to use separately the sound and images fixed in the audiovisual work.
(2) the Treaty on audiovisual works must be made for the implementation of the remuneration of the bailiff for each relevant use, as well as the amount of remuneration, taking into account the work invested in the implementation costs and the profits of producers.
44. article. The rights of phonogram producers (1) producers of phonograms shall have the exclusive right to authorize or prohibit their Phonograms and copies it to the direct or indirect reproduction, distribution, transmission, broadcasting or by wire, as well as the right to receive remuneration for the license to use and copy of a phonogram and the use of it. The right to the distribution includes the right to a copy of the phonogram and their rental and lending.
(2) in addition to the first part of this article, the right for producers of phonograms have the right to authorize or prohibit lawfully made copies of Phonograms and their importation, except cases provided in these rules.
(3) producers of phonograms shall continue to use the exclusive rights to the phonogram and their copies of his lease and lending of copies of a phonogram regardless of the holder's rights.
(4) charges, cost cutting and the rental and lending of phonograms out of performers and producers of phonograms the rights authorized collective management organizations. The amount of remuneration paid to user pursuant to this article shall be distributed between the phonogram producer and the performer in equal shares, unless otherwise provided in the contract.
Article 45. Remuneration for phonogram published for commercial purposes, the use of (1) If a phonogram published for commercial purposes, the user is obliged to pay the remuneration for performers and phonogram producers, pursuant to article 50 of the first and second subparagraphs.
(2) the first paragraph of this article, determine the amount of remuneration to the performers and the phonogram producers or their authorised for the collective management of related rights organization and a copy of the phonogram and its user or user associations (associations). The contract provides consideration for each copy of the phonogram and its manner of use, as well as the collection and distribution of remuneration.
Article 46. The rights of broadcasting organizations (1) broadcasters in respect of its broadcasts have the exclusive right to authorise or prohibit (except in the cases provided by law): 1) the retransmission of their broadcasts (both immediate and carried out by technical delays transmission);
2 broadcast distribution) of their cable networks (both immediate and carried out by technical delays transmission);
3 the fixation of their broadcasts) access by wire or otherwise in such a way that members of the public may access them from a place individually and individually selected time;
4) your distribution of a broadcast, regardless of whether they are distributed to paying audiences or in places open to the public for a fee;
5) any of their fixation with sound broadcasting or video equipment and any reproduction of such a fixation, or distribution;
6) any illegal reproduction or distribution of fixations, if this does not happen with a private purpose;
7) any TV shows a picture of the photographic frame (frame photos), if this does not happen with a private purpose, and any such reproduction or dissemination of the photos;
8) their program-carrying signals distribution with any broadcaster, distributor of cable networks or any other dealer;
9) your encoded broadcast decoding;
10) your show import and distribution of fixations or of retransmission without the authorisation of the State in which they have no defence against such fixation or retransmission.
(2) For permission to use and how to use them in the first part of this article, in the cases specified in the broadcaster receive compensation.
47. article. Performers, producers of Phonograms and broadcasting organizations rights (1) performers, phonogram producers and broadcasting organizations without consent and payment of remuneration permitted use of performances, productions, broadcasts over the air or by wire and the fixation of the phonogram, and repeat in the following cases: 1) for personal purposes;
2) small fragments, which included current affairs concern;
3) training and research;
4) small fragment for use in citations, if such a citation is information;
5) other purposes set out in this provision in the fifth chapter, concerning the protection of literary and artistic works by the disqualifications.
(2) this rule 42, 44 and 46 of the conditions referred to in article does not apply to the authorization of the performers, producers of Phonograms and broadcasters, to temporarily use and fixed performances, productions or broadcasts, if such a fixation made by a broadcaster itself with its own means and for its own broadcasts, subject to the following conditions: 1) broadcasters must receive prior authorization to broadcast over the air or by wire's own staging, performance or programmes for which, in accordance with the provisions of this part shall make use of the temporary fixation;
2) such fixation must be destroyed within a period defined for the protection of literary and artistic works, temporary entry for use by broadcasters in accordance with this provision, article 25 of the conditions, except the one that you can save a copy of the official archives, based on its particular documentary and cultural meaning.
(3) the restrictions provided for in this article shall be applied in such a way that they do not cause damage to normal use of the object of related rights, as well as the subject matter they contain and not performers, phonogram producers, broadcasters and the legitimate interests of the author.
48. article. Term of related rights (1) the rights of performers shall have effect for 50 years after the first performance or staging. If the performance or staging fixation is legally notified, the term of protection of 50 years from the date of notification.
(2) the rights of phonogram producers in force 50 years from fixation of the phonogram. If the phonogram has been lawfully disclosed, the term of protection of 50 years from the date of notification.
(3) the rights of producers of Audiovisual work is valid for 50 years after fixation. If this time audiovisual work has been a legally notified, the term of protection of 50 years from the date of notification of this.
(4) the rights provided for in this chapter, as regards broadcasters, 50 years after the notification of the relevant broadcast over the air.
(5) the rights provided for in this article, the time limit shall start on 1 January of the year following the emergence of the law (legal fact), and ends on 31 December of the year in which the termination of the time limits referred to in this article.
49. article. (1) the frame of related rights the rights of performers are recognized if: 1) the bailiff is a Latvian citizen, a person who has the right to non-citizen passport or a person who has a permanent residence permit;
2) performance or staging happened in Latvia;
3) performance or staging fixed in phonograms which protected in accordance with the second paragraph of this article;
4) performance or staging that is not fixed in phonograms, on-air broadcast or included in a broadcast by wire, which are protected in accordance with the third paragraph of this article.
(2) the rights of producers of phonograms are recognized if: 1) the phonogram producer is a national of the Republic of Latvia, the person who has the right to non-citizen passport or a person who has a permanent residence permit;
2) sound the first fixation occurred in Latvia;
3) Phonograms first published happened in Latvia.
(3) the rights of broadcasting organizations under this chapter are recognized if the broadcaster's official location is in Latvia.
(4) the rights provided for in this chapter, are recognized in foreign natural or legal persons who have committed the first performance or staging, sound fixation or broadcast over the air or by wire out of the Latvian Republic of Latvia in accordance with the international agreements concluded.
Chapter IX collective management of the rights in Rem in article 50. General conditions (1) Latvian authors, performers, producers and other holders of rights related to the protection of these rights can not provide individual or such protection is limited by public bodies-property rights collecting societies.
(2) the economic rights of authors collecting societies established authors. They may not represent the holders of related rights and acting on their mandate, in accordance with the written agreement received from its members.

(3) the author, who is also the holder of related rights, may not take part in the collection of remuneration, splitting and the payment of the tariff and the elaboration of the agenda by the collective management of rights in the organization.
(4) related rights collecting societies established performers, phonogram producers and other holders of related rights. They may not represent the copyright owners, and it works within the scope of their powers, in accordance with the written agreement received from its members.
(5) the holder of related rights, which is also the author, may not take part in the collection of remuneration, splitting and the tariff and payment procedures in the development of the collective management of related rights organization.
51. article. Property rights collecting societies (1) the law on the Powers of collective management in Latvia obtained from Latvian authors and holders of related rights in accordance with the written agreement.
(2) foreign authors and holders of related rights in Latvia Latvia's property rights collective management organizations in accordance with foreign authors or owners of related rights or their authorised representative of the organisation.
(3) in the author and related rights owners property rights collecting societies according to the owners of copyright and related rights treaties mandate or mission of inter-organizational agreements represents the owner of the rights and legitimate interests of all countries, and non-governmental institutions, enterprises and companies without further authorisation and in all matters, k a s refers to this type of activity.
(4) Property rights collective management organizations have the right to reserve their bank accounts are not required and will not see the amount of consideration levied from users, and after three years from the date on which the amount paid on account of the Organization, to include its current amount to be paid or used for other purposes the author and related rights represented the interests of the owner.
52. article. Property rights collecting society functions the rights collecting societies shall perform the following functions: 1) royalty owners and related charges, and the Division of rates and payment procedures;
2) issue licences for users the rights with which society deals the organization concerned;
3) charged tariffs and licenses provided for appropriate consideration;
4) collected remuneration for resale of works of art, for the reproduction of a work for personal use and other uses of the work in accordance with the regulations;
5) in accordance with the paragraph 3 and 4 of the conditions of remuneration collected and distributed paid the owners of copyright and related rights;
6) performing other actions provided for by the authors and related rights owners or their agents contracts concluded.
53. article. Property rights collecting societies obligation (1) in the author and related rights owners property rights collecting societies representing the owner of the rights and legitimate interests in all matters relating to the use of the work. These organisations fulfil the following obligations: 1) paying out compensation to the owners of copyright or related rights, gives him an overview of the use of the work, performance, etc.;
2) amounts collected remuneration after the deduction provided for in the second subparagraph, the following divided among the organizations represented on the authors or holders of related rights in proportion to their use of the works, performances, etc. and regularly they paid.
(2) the remuneration collected according to this provision, article 52, paragraph 3 and 4 of the conditions are allowed to cover only the actual expenses related to the charges, and payment of the Division. From the collected remuneration amounts may deduct also funds special funds caused by these organizations with the represented authors and owners of related rights and their interests.
(3) Property rights collecting societies constitute special funds of authors and related rights owners interests when making deductions from remuneration amounts collected in accordance with the Organization's statutory goals and objectives.
(4) the authors and owners of related rights who have not mandated the Organization to charge this provision remuneration provided for in article 51 shall be entitled to request the organizations to pay the compensation due to them in accordance with paragraph 1 of article 52 of the said property rights collective management organizations.
(5) Property rights collective management organizations within the statutory annual balance sheet to be published in the newspaper "journal".
54. article. Property rights collective management organisations (1) Property rights collective management organisations shall be carried out by the Ministry of Culture.
(2) a representative of the Ministry of culture as an observer has the right to participate in the property rights collecting societies members of ordinary or extraordinary meetings as well as meetings of the Management Board.
(3) at the request of the Ministry of culture property rights collecting society shall submit to the Ministry of culture, a copy of: 1) property rights collecting societies and of any amendment of the statutes of the copy;
2) copy of the remuneration;
3) document on the collection and the distribution of copies;
4) with rights holders and users a copy of the contract concluded;
5) with other property rights collective management organizations copies of contracts;
6) participants at meetings and the meetings of the Management Board, a copy of the decision taken;
7) the annual balance sheet and certified copy of the auditor's opinion.
Chapter x of the infringement of copyright and related rights.
The owners of copyright and related rights protection article 55. Infringements of copyright and related rights (1) the natural or legal person who does not fulfil the requirements of this regulation in respect of the holder of copyright or related rights, copyright or related rights is the abuser and is responsible in law.
(2) the first paragraph of this article steps qualifies as piracy, which means illegal actions with the objects of copyright and related rights, including fixation, publication, reproduction and distribution in any form without permission of the right holder.
(3) copies of the work which the manufacture or distribution of copyright or related rights caused the infringement is embodying infringing copies.
(4) embodying infringing copies in accordance with these terms is also in Latvia and copies of protected works, phonograms imported from countries in which these works and phonograms are not protected or where the term of protection expires.
Article 56. The owners of copyright and related rights protection (1) the owners of copyright and related rights, their property rights collecting societies, or other representatives shall: 1) require that the offender acknowledged their rights;
2) prohibit your use of the work;
3) require the offender to restore the former State to the breach of the law and stop unlawful actions or threat of creative disruption;
4) cover damages, including profits gained or provide compensation.
(2) in order to protect its rights, copyright and related rights owners can apply to the courts or arbitration.
(3) if the violation of rights that are protected in accordance with the provisions of the ninth chapter, requirements for protection of the violated rights of the owner of copyright or related rights on behalf of an authorized road property rights collecting society.
57. article. Work and copies of the phonogram for the illegal seizure of copies of the Work, which, in violation of the rights of authors or producers, made, distributed, reproduced, sold, imported or otherwise used or intended for use, you can seize.
58. article. Responsibility for infringements of copyright and related rights copyright or related rights, depending on the nature of the infringement and its consequences for violators is called to account according to law.
Closing questions 1. Be declared unenforceable: 1) the law "on copyright and related rights" (the Republic of Latvia Supreme Council and Government Informant, 1993, 22/23.nr.);
2) Supreme Council of 11 May 1993 a decision "On the law of the Republic of Latvia" on copyright and related rights "date of order" (the Republic of Latvia Supreme Council and Government Informant, 1993, 22.-23. no).
2. Financial rights collecting societies and 1998 December 31 is reorganized for public organizations.
3. Financial rights collecting societies, regardless of their legal status until the reorganization is entitled to carry out its functions and fulfil its obligations under these terms.
 
Prime Minister g. Coast cultural Minister r.-Umblij