Key Benefits:
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Proposal for Law No 245 /XII
Exhibition of Motives
The regime regulating the constitution, organization, operation and tasks of the entities
of collective management of copyright law and related rights and establishes the procedures
and principles to be observed in the exercise of the collective management activity of the said rights,
passed by Law No. 83/2001, of August 3, lacks a review with the aim of the
update, in particular with regard to the principles of simplification and streamlining
administrative, transparency, equity, free competition and free provision of services
cross-border.
This proposed law is justified by the need to conform to the present regime
with the provisions of Directive No 2006 /123/CE, of the European Parliament and of the Council, of
December 12, 2006, concerning services in the internal market, which establishes the
principles and criteria that should be observed by access and exercise regimes
of service activities in the European Union, transposed into the internal legal order by the
Decree-Law No. 92/2010 of July 26.
Additionally, it is considered timely to ensure the implementation of certain
standards that ensure greater transparency, rigor and publicity in the relationship between the
collective management entities, their members and the users of works and benefits
protected legally, at the same time a committee of experts is set up for the
resolution of conflicts and are clarified the duties of all actors who direct or
indirectly are involved in this activity.
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In the context of the transposition of Directive No 2006 /123/CE, of the European Parliament and of the
Council, of December 12, 2006, evidences the definition of rules of
secondary establishment and the possibility of free provision of services in territory
national of entities of collective management of copyright law and related rights when
find themselves previously established in another Member State of the European Union or of the
European Economic Area, observing a set of rules and principles in the exercise
of their activity which, on the one hand, do not escape the main end of dematerialization and
agilization of procedures and on the other hand side, do not lose sight of the important function and
liability that is associated with the collective management of copyright and rights law
related.
The collective management entities constituted in Portugal and with secondary establishment
in national territory shall be subject to an administrative authorisation regime which if
concretizes in the respect register, justified by the special need for protection of the
holders of rights.
The proposed authorisation model provides for a legal framework capable of guaranteeing the
indispensable safeguard of the public interest of protection of consumers and the
intellectual property.
In relation to the registration of entities with secondary establishment in national territory
it is intended to substantiate the legality of the establishment and activity in the Member State
of origin, as well as the existence of a mandate or other enabling legal title for the
exercise of the collective management of copyright and related rights in territory
national.
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However, whenever these entities with secondary establishment in territory
national have proven before the competent authority of the Member State of
source the existence of a mandate or other enabling legal title for the exercise of the
collective management of copyright and related rights in that territory, the registration is
effected after a declaration to the competent Portuguese authority, upon proof
of the veracity of the elements in the same considered.
It is known that, in a near time horizon, there will be a need to transpose the Directive
n. 2014 /26/UE, of the European Parliament and of the Council of February 26, 2014,
on the collective management of copyright and related rights and the granting of licences
multiterritorial rights on musical works for online use in the market
internal. In this way, the legislator will have the opportunity, shortly, to develop
subjects provided for in the future Community harmonisation that at this time are set out
only in generic terms.
It was heard the Specialized Section of Author and Rights Council's Conductive Rights
National of Culture, the CTP-Confederation of Portuguese Tourism, and the APR-Association
Portuguese of Broadcasting.
Thus:
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
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General provisions
Article 1.
Object
This Law regulates the entities of collective management of copyright and rights law
related, including to the establishment in national territory and to the free provision of
services of entities previously established in another Member State of the Union
European or the European Economic Area.
Article 2.
Definitions
For the purposes of this Law, it is understood by:
a) "Agreement of representation", an agreement by which a collective management entity
mandata another to represent it as to the management of rights of the repertoire of the
first;
b) "Management Commission", the amount due to a collective management entity by the
its author rights management services or related rights;
c) "Representative entities of users", the associations, federations or
confederations, legally constituted, that have per object the representation of
companies, entrepreneurs or professionals;
d) "General Licences", the licences or permits granted by management entities
collective for generic, non-discriminated and unspecified use of the
repertoire handed over to its management for public communication, including the execution
public, the diffusion and relay by any means, as well as licensing
of works extracted from newspapers or other periodical publications for their
reproduction, in whole or in part, distribution, provision or file;
e) "Revenue from rights", the amounts collected by a collective management entity
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on behalf of holders of exclusive rights, of rights to a remuneration or
countervailing duties;
f) "Repertory", the intellectual works and artistic installments, phonograms, videogram-
but and protected emissions that are the object of rights managed by an entity of
collective management;
g) "General Pricing", the tariffs practiced by the collective management entities as
counterpart to the issuance of a general licence;
h) "Holder of rights", the holder of a right of author or conex law, of a
right to equitable or right compensation, resulting from agreement for the
exploitation of rights, to a share of their revenue coming from, not
including the entities of collective management;
i) "User", a person practicing acts subject to authorization, remuneration or
compensation of the right holders.
Article 3.
Object of the management entities
1-Collective management entities have per object:
a) The management of the patrimonial rights entrusted to them;
b) The activities of a social and cultural nature that collectively benefit the entitlements-
rights res by them represented, as well as advocacy, promotion and dissemination
of the right of author and related rights.
2-Collective management entities, when their statutes thus preview, may
exercise and defend the moral rights of their represented as long as these o
request.
Article 4.
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Autonomy of collective management entities
The collective management entities freely choose the object of their activity and
proceed autonomously to their action, in respect of the statutes and the law.
CHAPTER II
Collective management entities
SECTION I
Constitution and exercise of activity
Article 5.
Constitution
1-A The creation of collective management entities is of the free enterprise of the holders of rights of
author and of related rights.
2-Collective management entities are compulsorily constituted as associations or
private cooperatives with legal personality and non-profit purposes, with a minimum
of 10 associates or cooperators.
Article 6.
Statutes
1-Collective management entities are governed by the respective elaborate statutes of
agreement with the applicable legal provisions.
2-Of the statutes of the collective management entities must appear compulsorily:
a) The denomination, which cannot confuse itself with the denomination of entities already
existing;
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b) The seat and the territorial scope;
c) The object;
d) The classes of rights holders understood in the framework of collective management;
e) The conditions for the acquisition and loss of the quality of associate or cooperator;
f) The rights of the associates or cooperators and the voting arrangements;
g) The duties of the associates or cooperators and their disciplinary regime;
h) The denomination, composition and competence of the social organs;
i) The form of designation of members of the social bodies;
j) The heritage and economic and financial resources;
l) The principles and rules of the system of apportionment and distribution of revenue from
rights;
m) The limitation period for the right of the holders to claim the payment of the
amounts by them effectively charged;
n) The regime of control of economic and financial management;
o) The conditions of extinction and the fate of heritage.
Article 7.
Secondary establishment
1-Can establish themselves in national territory entities of collective management of the right of
author and related rights lawfully established in another Member State of the Union
European or the European Economic Area in the general terms of law, even if
do not comply with the requirement referred to in Article 5 (2).
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2-The entities referred to in the preceding paragraph shall be empowered in the Member State
of origin to carry out the activity referred to in paragraph a ) of Article 3 (1), subjecting itself to
a prior process of verification with the Inspectorate-General of Cultural Activities
(IGAC) of the existence of mandates of the right holders for the exercise of management
collective.
3-Unless otherwise specified, the entities referred to in paragraph 1 apply the requirements of
access to activity and its exercise on national territory.
Article 8.
Free provision of services
1-The legally established and qualified collective management entities for the exercise of the
collective management of rights in another Member State of the European Union or Space
European Economic Council may provide on national territory occasional services or
temporary collective management of copyright and related rights, for which if
find mandated in regime of free provision.
2-The collective management entities referred to in the preceding paragraph shall report to the IGAC,
prior to their first provision of services on national territory, which are legally
established in the Member State of origin.
3-A IGAC can draw on the Internal Market Information System (IMI) for
check the veracity of the information provided.
4-To the entities providing collective management services of the copyright and rights
related in free provision, under the terms of this Article, the
provisions of Article 13, paragraph 1, Article 447 and Article 51 para.
Article 9.
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Legitimacy
The entities of collective management exercise the rights entrusted to their management and may require the
its compliance by third parties, including in the face of administration and in judgement.
Article 10.
Principles
1-A The activity of collective management entities respects the following principles and criteria
of management:
a) Transparency;
b) Democratic organization and management;
c) Participation of the associates or cooperators;
d) Justice in the allocation and distribution of the income collected in the financial year
collective management;
e) Non-discrimination, fairness, reasonableness and proportionality in the fixation of
commissions and fees;
f) Efficient and economic management of available resources;
g) Moderation of administrative costs;
h) Non-discrimination between national and foreign holders;
i) Control of financial management by the adoption of appropriate procedures in the
internal life of the institutions;
j) Pertinent, rigorous, current and accessible information to third parties interested in the
conclusion of contracts;
k) Reciprocity in the establishment of relations with congenic entities based
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abroad;
l) Statement of reasons for the practiced acts;
m) Swiftness in the payment of the amounts due to the rightful holders of the rights;
n) Publicity of the relevant acts of institutional life.
2-The requirements referred to in the paragraphs of the preceding paragraph, to the exception of point (s) c ), apply
equally to the entities of collective management with secondary establishment in territory
national.
Article 11.
Authorisation and registration
1-Without prejudice to the provisions of paragraph 4, the exercise of the collective management of copyright law and
of the related rights by entities constituted in Portugal or with establishment
secondary in national territory is subject to authorization, with request for effectivation
of the registration with the IGAC.
2-A authorization for the exercise of the collective management of copyright and rights
related by entities constituted in Portugal is required from the IGAC, and the
application for registration to be instructed with the following elements:
a) Statutes of the entity, of which it must appear the identification of the activity for
whose exercise is intended to enable or for which it is empowered, the classes of
holders of rights understood in the framework of collective management, the conditions
for the acquisition and loss of the quality of members, their rights and duties, and the
principles and rules for allocation and distribution of income;
b) Identification of the mandates of holders of rights conferred for the exercise of the
collective management of rights.
3-A authorization for the exercise of the collective management of copyright and rights
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related to the collective management entities with secondary establishment in territory
national is also required from the IGAC, and the application for registration is to be instructed
with the proving of the existence of a mandate or other enabling legal title for the
type of exercise it intends to carry out on national territory.
4-Should the entities referred to in the preceding paragraph have proven before the
competent authority of the Member State of origin the existence of a mandate or other
legal legal title for the exercise in that territory of the collective rights management
of author and related rights, the registration is effected after mere prior communication to the
IGAC, to whom it competes to verify the veracity of the statement held.
5-A Decision on the applications for registrations submitted pursuant to paragraphs 2 and 3 is
delivered within 30 working days, and there is room for tacit deferris in the absence of
decision on this deadline.
6-Compete to IGAC to check, through the IMI, the veracity of the statements held,
may, in the event of falseness, reject the application for registration or cancel the registration
effected under the terms of paragraph 4.
7-Administrative procedures relating to the assessment of applications for registration are
subject to the payment of fees, in the terms to be fixed by the porterie of the members of the
Government responsible for the areas of finance and culture.
Article 12.
Undue and revocation
1-The application for registration is liminally undue if not accompanied by the
proof of the payment of the fee due, without prejudice to the possibility of
renewal.
2-The application for registration is still undue when the statute of the managing entity
collective do not comply with the provisions of this Law.
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3-A The refusal of permission shall be substantiated and notified, within 10 working days, to the
entity that has required its registration as a collective management entity.
4-From the dismissable of the application for registration is up to appeal, in the legally permitted terms.
5-A The permission granted may be revoked when the conditions that substantiate the
improper in the terms of paragraph 2 come to occur superveniently.
Article 13.
Unvalidity of the acts of irregular management entities
Are void the acts of collective management practiced by collective management entity that do not
observe the requirements for access to the activity.
Article 14.
Association of collective management entities
1-The legally constituted and registered collective management entities can associate themselves
among themselves, constituting or not a new collective person, under any of the forms previs-
tas in the law, to jointly pursue some of its purposes, representing
jointly the respected holders of rights.
2-A collective person constituted in the terms of the preceding paragraph shall register with the
IGAC and shall be subject to the rules of organization and operation provided for in this Law,
with the necessary adaptations.
3-Of the social organs of the collective person referred to in paragraph 1 may be part of, in addition to
collective management entities that constitute it, any natural or collective person,
regardless of whether or not you have the quality of rights holder.
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Article 15.
Public utility
The entities constituted in Portugal under the provisions of this Law and registered
pursuant to Art. 11 acquire, by mere effect of the registration, the nature of persons
public utility collectives, with dispensation of the obligations provided for in the Decree-Law
n. 460/77, of November 7.
Article 16.
Right of competition
Collective management entities are bound by the right of competition.
Article 17.
Subsidiary law
It is subsidiary to be applicable to the collective management entities legislation on associations,
cooperatives and commercial societies, depending on the respect of the legal nature.
SECTION II
Organization and operation of the collective management entities constituted in
Portugal
Article 18.
Bodies of the collective management entity
1-Collective management entities are endowed with a general assembly, from a body of
administration or direction and of a tax council.
2-Statutes may provide for the existence of an executive, singular or collective body,
subordinated to the body of management, and by this designate, with management functions
current and representation of the collective management entity.
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3-The executive body is composed of natural persons and possesses the skills
provided for in the statutes and those expressly delegated to it by the organ of
administration.
4-The tax council must integrate an official reviewer of accounts.
Article 19.
Composition of the organs of the collective management entity
1-Members of the social bodies are necessarily associated or cooperators of the
entity, with the exception of the official reviewer of accounts and the members of the executive body
referred to in paragraph 2 of the previous article that may or may not have the quality of holder of
rights.
2-The members of the social organs are not allowed the simultaneous performance of more than
that a post in the social bodies of the same entity.
Article 20.
General assembly
1-A general meeting of the members of the collective management entity shall be convened,
at least, once a year.
2-They shall be of the exclusive competence of the general meeting the following subjects:
a) Statutes and definition of the general conditions of accession, refusal of accession and exclusion
of members, as well as any amendment of the statutes and general conditions of
accession;
b) Appointment or removal of members of the social bodies, as well as any
matters relating to respect for remuneration, save when this matter is
assigned to a commission of fixation of salaries appointed by the assembly
general;
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c) Definition of the general criteria for the distribution of amounts due to holders
of the rights;
d) Definition of the general criteria of the policy for the use of social funds and
cultural;
e) Definition of the general criteria of the financial investment policy to be applied
transiently to revenue from rights to the effective distribution, to which it shall
ensure the interest of the members of the collective management entity, liquidity and the
security of rights revenue;
f) Approval of the plan of activities and the budget;
g) Approval of the management report and too many accountability documents.
Article 21.
Obligations of members of the governing bodies or direction
1-The members of the governing bodies or direction of the collective management entities
are required to manage the destinations of the entity diligently, idoty and prudent,
owing to ensuring the existence of administrative and accounting procedures and
appropriate internal control mechanisms.
2-The members of the governing bodies or direction of the collective management entities
ensure still the existence of procedures designed to prevent conflicts of
interests and to allow in particular to identify, manage, monitor and disseminate the
conflicts and prevent damage to the interests of its members.
3-For the purposes set out in the preceding paragraph, the members of the governing bodies
or direction of the collective management entities present annually to IGAC, in
set with the accountability documents, a statement containing the
following information:
a) Any interests held in the entity of collective management;
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b) Any remunerations received from the entity of collective management, including
pension schemes, advantages in kind and other types of advantage;
c) Any amounts received from the collective management entity, while holder
of rights;
d) Eventual conflicts, real or potential, between your personal interests and those of the
entity of collective management, or between any obligations to the entity and
any duty to any other natural or collective person.
Article 22.
Operation of organs
1-Unless legal or statutory provision to the contrary, the deliberations of the organs of the
collective management entities are taken by a majority of votes of the holders present,
having the respected president vote of quality.
2-The deliberations relating to elections of the social bodies of the managing entities
collective or the personal incidence affairs of its members are taken by
secret ballot.
3-Are always lavished minutes of the meetings of any body of the managing entities
collective.
Article 23.
Mandates
1-The members of the social bodies of collective management entities are elected by a
period of four years, renewable for one time and for equal period, if another more
short is not provided for in the statutes.
2-Statutes may limit the number of consecutive terms for any organ
of the collective management entities.
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Article 24.
Responsibility of the holders of the social bodies
1-Members of the social bodies are civil and criminally responsible for the practice of
illegitimate acts committed in the exercise of the mandate.
2-The provisions of the preceding paragraph shall apply to the entities of collective management with
secondary establishment on national territory.
Article 25.
Financial regime
1-Collective management entities are required to draw up and approve, annually, the
management report and accounts of the exercise, the activity plan and the budget.
2-Compete to the tax council to draw up the opinion on the documents referred to in the
previous number.
3-The documents referred to in paragraph 1 shall be disclosed to the associates or
cooperators and be at the disposal of these for easy consultation at the social headquarters of the entity of
collective management.
CHAPTER III
Relations with holders of rights and users
SECTION I
Rights and duties
Article 26.
General duties of collective management entities
1-Collective management entities are obliged to:
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a) To accept the management of copyright and related rights that are to them
requested, in accordance with their nature and assignments, in the terms of the respects
statutes and the law;
b) Exercise the management of rights in respect for the mandate granted, with
safeguarding the public interests involved;
c) To draw up and publish the list of the holders they represent, respecting the principles
of transparency and non-discrimination;
d) Providing the relevant information to persons interested in the use of the goods
intellectuals who so want to rewant it on the represented and the conditions and
criteria that preside over the tariffs set;
e) To ensure the existence of communication mechanisms with their members by
electrolytic means, particularly so that they can exercise their respects
rights;
f) Hiring with the interested non-exclusive entitlements of the rights whose management
have been entrusted to them, in non-discriminatory, equitable and reasonable terms and
upon payment of the remuneration or tariff established;
g) Negotiate the appropriate pecuniary counterparts corresponding to the authorisations
requested by interested third parties, as well as the remuneration owed by the
uses not subject to authorization or licensing.
2-The provisions of the g) of the preceding paragraph applies when interested third parties
are representative entities of a significant number of users of the respective
sector, owing to the negotiation in such a case to establish the general conditions of licensing,
including general tariff respects, with associations whose members explore or
use works, benefits or protected rights or are required, under the law,
to pay an equitable remuneration or compensation.
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3-Collective management entities may not refuse to negotiate with the entities
referred to in the preceding paragraph when the uses are understood in the object and
scope of its management.
4-To affer the representativeness of the representative entities of users must have
into account the object, the territorial scope and the number of represented in relation to others
representative entities of users who exercise identical activities.
5-In cases where there is a place to a right of remuneration, may the entities of
collective management waking up with representative entities of users the tariffs that
better if they adept at the characteristics, needs and nature of the activity of these.
Article 27.
Duty of information
1-Collective management entities must inform interested third parties, as well as
on the conditions and prices of use of any work, provision or product that
be entrusted to them.
2-Collective management entities advertise on the respective site in the Internet the following
information:
a) Statutes or equivalent legal instrument;
b) Conditions of accession and terms of revocation of rights management mandates;
c) List of holders of social bodies;
d) Criteria and methods of pricing applicable by the management entities
collective to the users of protected works, or, where appropriate, the
indication of the respective agreements or decisions of the committee of experts that
determine the tariff to be applied;
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e) Fares practiced with mention of all relevant and necessary elements
to your application;
f) Rules on the distribution of amounts due to the holders of the rights;
g) Rules on management commissions;
h) Rules on deductions of revenue from rights for the purposes of social services,
cultural and educational and other purposes approved by the general assembly;
i) Procedures for handling complaints and resolution of available disputes;
j) Management report and annual accounts;
k) Values collected and distributed, by category of managed rights and value of the
deductions effected, for the purposes of commission of management, social funds and
cultural and other purposes approved by the general meeting;
l) Identification of the total number of beneficiaries, with information from the total
recipes obtained.
3-Collective management entities must keep updated the information referred to
in the previous number.
4-In the relationship with rightholders, collective management entities ensure
existence of procedures that allow each holder of rights they represent, the
access, by means of an electronic means, to the following information:
a) Any personal data that has authorized the collective management entity to
use, including data on their identification and location;
b) The revenue from rights charged on your behalf or, in the event of licensing
collective or remuneration rights that do not allow the individualisation of the
revenue from rights in the collection act, the value due to it after the
distribution;
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c) The amounts owed to it by category of managed rights and type of
use, paid and payable by the entity of collective management;
d) The deductions from management commissions effected in the period concerned;
e) The procedures for handling complaints and resolution of available disputes.
Article 28.
Social and cultural function
1-Collective management entities constituted in Portugal should affect a percentage
not less than 5% of your income to social activities and assistance to your
associates or cooperators, as well as the actions of forming these, promoting their
works, benefits and products, and still to the dissemination of the rights understood in the object
of your management.
2-Collective management entities must guarantee to their members the application of
fair, objective and non-discriminatory criteria in access to social and cultural funds
and the appropriateness of such services to the interests of the members.
3-Rights holders who are not members of the collective management entity may
access the social and cultural funds, under the terms and conditions approved by the assembly
general.
4-Collective management entities establish in their regulations special tariffs
reduced, to apply to non-profit collective persons, when the respective respects
activities take place in place whose access is not remunerated.
5-Anually, collective management entities make public the information about the
activities developed, taking into account the purposes set out in paragraph 1.
6-The provisions of paragraph 1 shall not apply in the first four years of the existence of the entities
of collective management, counted as of the date of their registration.
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Article 29.
Rights of holders
1-Rights holders represented by the entities of collective management have the right to:
a) Mandating a collective management entity of your choice to manage the rights, the
categories of rights or the types of protected works and benefits that they understand,
may not be required to mandate for the management of all modalities of
exploitation of the protected works and benefits or for the whole of the repertoire;
b) Repeal, in whole or in part, the mandate granted in favor of the entity
of collective management in respect of categories of rights or works and other
installments that compose the repertoire's respect;
c) Being informed of all the rights they are to assist them, of the statutes and criteria
applied, before they provide their consent to the management of any right or
category of rights or repertoire.
2-The rights holder may not confer the management for the same type of uses of the
works, artistic instalments, phonograms, videograms or emissions in question, for the
same period and territory, to more than a collective management entity.
3-A revocation of the mandate referred to in point b ) of paragraph 1 is made in writing, upon
a 90-day notice.
4-If there are revenue from rights by management acts practiced prior to the revocation of the
mandate to produce effects, the holder fully retains the right to receive them.
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5-A outwards of powers of representation to the entity of collective management, under the terms of the
previous figures, is without prejudice to the exercise of respect rights or colleges by
part of its holder, provided that this gives prior written knowledge to the managing entity
collective of its intention to directly exercise such rights or faculties,
in particular those concerning uses that do not pursue commercial purposes.
Article 30.
Management and representation contract
1-A The management of rights can be attributed by its holders in favour of an entity of
collective management upon conclusion of management contract and representation, with a
duration not exceeding five years, renewables automatically, by equal periods, in the
lack of opposition.
2-The contract of management and representation shall expressly establish the conditions of
opposition to its renewal, the prediction of the management obligation of all the
modalities of exploitation of the protected works and benefits.
3-In the case of the cooperators, associates or beneficiaries of the collective management entity, the
representation of the rights holders may result from the simple inscription as
beneficiary of the services, as set out in the statutes and regulations of the
entity of collective management and verified the conditions referred to in the preceding paragraph.
4-In the exercise of their representation activity, the collective management entities dispose
of the rights, benefits or colleges legally assigned to its represented.
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Article 31.
Distribution
1-Collective management entities distribute regular, speedy, diligent and rigorously to the
right holders the revenue they obtain with the management of the rights of these.
2-A The distribution of the revenue obtained with the management of rights is effected in accordance with the
statutes and with the distribution policy approved by the general assembly.
3-Statutes and revenue distribution policy shall be based on criteria
objectives, appropriate to the types of rights managed and which exclude arbitrariness, and
shall assure the holders of rights a stake in the distribution that is
proportional to the use of the respecting works.
Article 32.
Prescription
1-A payment obligation to holders of revenue rights obtained with the management of
rights prescribe within three years.
2-The time limit referred to in the preceding paragraph is:
a) From the date of the launch of the respective distribution, should the holder of the right
be associated, cooperator, beneficiary of the services or represented by the
entity of collective management by virtue of the celebration of management contract and
representation; or
b) From the date of the effective utilization of the artwork, installment, phonogram, videogram
or issue, should the use in question be legally subject to collective management
mandatory and the holder is represented by the collective management entity at
virtue of legal presumption.
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3-Collective management entities can only invoke the prescription if they demonstrate to have
taken all necessary measures to identify and locate the rightholders.
4-For the purposes of the provisions of the preceding paragraph, the collective management entities shall
check the public records and make available on your site at the Internet a list of works and
of other benefits whose holders have not been identified or located.
5-Operate the prescription, the values are distributed to the holders identified in relation
to the same type of uses or revert to the social and cultural background provided for in the
article 28, whichever comes to be approved by the general assembly of the entity of
collective management.
Article 33.
Management of rights under representation agreements
1-Collective management entities may not, with regard to the applicable tariffs,
management commissions, the conditions for collection of rights and distribution revenues
of the amounts due, discriminate between its members and holders of rights whose
management ensure under a representation agreement.
2-Collective management entities must distribute and pay regular, speedy, diligent and
strictly the amounts due to other entities.
3-Rights revenue collected in representation from other entities apply the
deductions, particularly the title of management committee or social and cultural background,
applicable to members of the entity.
4-Collective management entities assure the entities with which they conclude agreements
of representation access to the elements provided for in paragraph 1 and the values that are given to them
due to the title of rights revenue, after the distribution.
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Article 34.
Relations with users
1-Negotiations between users and entities of collective management must comply with the
principles of good faith and transparency, including the provision of all information
required to allow for effective collection of the corresponding revenues.
2-General conditions of licensing should reflect objective criteria and not
discriminations, particularly with respect to the applicable tariffs.
3-Collective management entities ensure the existence of mechanisms that allow for
communication with users through electrolytic means.
4-Users shall provide information relating to the use effected where the
same is necessary for the purposes of the distribution of the revenue of rights.
5-A information provided for in the preceding paragraph shall be provided, in good time, in
conditions permitting your treatment, specifically with regard to the
identification of the work, of the holders and of the use effected.
6-The provisions of paragraphs 4 and 5 shall not apply to users who proceed solely to the
public execution of works and installments embedded in phonograms and videograms, by
any means, including in audio or audio-visual broadcasts.
7-Users referred to in the preceding paragraph shall accept the installation, at the expense of the
collective management entities, in the spaces where they effectuate public execution, of
mechanisms for monitoring and automatic detetion of the works and benefits by them
used, or, alternatively and for the same purposes, admit access for persons
accredited by the collective management entities that have outored the respective licence to the
places where it is used or from which it is used, by any means, the respect
repertoire, with the safeguarding of the right to privacy and intimacy of the respects
customers.
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8-The failure to comply with the obligations of information, granting access and installation of
monitoring and detetion mechanisms provided for in paragraphs 4 a to 7 confers on the
entity of collective management the right to unilaterally revoke the granted permission,
without prejudice to the possibility of application of other contractual or constant penalties
of the respects general conditions of licensing.
Article 35.
Joint licensing balconies
1-The collective management entities representative of the various categories of di-holders of di-
remyths negotiate, in conjunction with the representative entities of users
eventually be interested, and make available to users procedures of
licensing of acts of public execution of works, installments, phonograms and
protected videograms, designated "joint licensing balconies".
2-Joint licensing balconies should allow users to request and obtain,
in a single procedure, the licensees or permits for the public execution of
works, benefits, phonograms and videograms protected, the said licences or
authorizations issued in representation of all holders of rights represented
by the diverse entities of collective management.
3-Joint licensing balconies must safeguard:
a) The effective implementation of the general tariff rates in force of the various management entities
collective and the distribution of the values collected in function of such tariff rates;
b) The autonomous fixation of tariff respects, through the foreseen mechanisms
in this Law;
c) The apportionment of the respective operating costs as a function of the value of the
remuneration assigned to each of the collective management entities;
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d) The efficient and transparent management of the licensing service;
e) The effective control of the issuance of licences by the various entities of
collective management, under conditions of equality and parity;
f) The speed and ease of access to licensing by users
interested;
g) The autonomy of its organisation and operation with respect to those of the entities
of collective management.
4-In the lack of agreement between the entities of collective management, or between these and the entities
representative of users, for the implementation of the licensing counter
set, IGAC should listen to the entities involved and exercise mediation with a view to
search for your entry into operation.
5-The provisions of this Article shall be without prejudice to the possibility of the managing entities
collective will promote and issue, concurrently, autonomys and
exercise, separately, the rights delivered to their management, in relation to all the
users who have not requested and obtained the licensing or authorization through
of the joint licensing balconies, in the terms of the previous numbers.
SECTION II
Fixing of tariff rates
Article 36.
General tariffs and tariff rates
1-Collective management entities publishes the duties of licensing fees
exclusive and exercise rights of remuneration or fair compensation in the
respects sites in the Internet , as well as general tariff rates that are counterpart to the
general licenses that grant.
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2-The tariffs should reflect the economic value of the use of the rights in question and meet
to the actual operation of the market.
3-General pricing shall take into account, in particular, the real value of the benefit that the
use of the repertoire has for the various categories of recipients of the respects
permits or licences, correspond to the fair remuneration of the rights holders by the
use of their works, artistic instalments, phonograms, videograms or emissions and,
where possible, to still take into account the actual volume of its use.
Article 37.
Fixing of general tariff rates by negotiation
1-General tariff rates are set by negotiation between the collective management entities and the
representative entities of users.
2-It is up to the entities of collective management and the representative entities of cele-users
brar in writing the contracts that result from the setting of the general tariff rates by
negotiation, which are deposited with the IGAC once concluded.
3-The provisions of the preceding paragraph shall be without prejudice to the possibility of the managing entities
collective shall fix the tariff respects, in compliance with this Law and enunciating
the criteria and methods of their training.
4-General contracts must regulate with accuracy the requirements and conditions of your
applicability and uses of the repertoire to which they respect.
5-Without prejudice to the provisions of the deposit of the deposit of the agreements, the general contract
binds the parties and members of the representative entity of users in it
intervener, as well as the users by this represented, and serves as a reference
to third parties who do not fig. as a part of the outwigning.
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6-Collective management entities are obliged to the negotiation and the celebration of the
agreed general contracts, in the terms of the following numbers, when the entities
representative of users who request them to demonstrate effectively represent
a significant number of companies, entrepreneurs or professionals who, in the exercise of the
your activity, whether typical or customarily users, in the following cases:
a) When you do not find yourself to invigorate a deposited agreement that has per object to
definition of a tariff or various tariff applicable to the use or uses
in cause;
b) In the term of agreement referred to in the preceding paragraph, if the entities
representative of users part in the negotiation demonstrem represent more
users than the representative entities of signatory users;
c) Two years after the deposit with IGAC of the last decision of the committee of experts
which has per object the determination of a tariff applicable to the same type of
uses.
7-For the purposes set out in the Article b) of the previous number, whenever they whisk away
doubts as to the effective representativeness of the representational entities of users,
the IGAC shall, on the application of any of the parties interested in the negotiation,
notify the entities that are party to the agreement and the entities intending to initiate
to a new negotiation, to present, within five working days, the
proof of the number of associates or represented.
8-Received the voucher referred to in the preceding paragraph, IGAC informs the entities
representative of users in cause of the effective number of associates or
represented by each of them.
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Article 38.
Formalism of the negotiation of general tariff
1-Any of the Parties may initiate the negotiations through the submission of a
written proposal that contains at least the uses covered, the term of the
licensing, the duration of the agreement and the applicable tariffs, including the value, the
conditions and the requirements of their application and the criteria and methods of forming the value
proposed.
2-A The proposal referred to in the preceding paragraph shall be remitted to the counterparty by
registered mail or with proof of delivery, and shall, on the same date, be given
knowledge of such a fact to IGAC.
3-Should the proposal have been submitted by representative entities of users and
these have not complied with the provisions of the preceding paragraph, the entity of
collective addressary management of the proposal must remetallate it to IGAC, at the maximum time of
three working days from your payoff.
4-The proposals may be formulated, depending on the cases, by one or more entities of
collective management or by one or more representative entities of users, but not
may be directed to more than one entity.
5-The provisions of the preceding paragraph shall be without prejudice to the possibility of any entity
representative of users responding to the proposal jointly with other entities
that represent the same category of users.
6-The recipient of the proposal has the 30-day deadline, recount of his or her prescription, for the
accept or submit a counteroffer.
7-The silence is worth as acceptance of the proposal and the counterproposal.
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8-Should the proposal be formulated by a representative entity of users, the
addressee collective management entity may, within 10 days of the recetion of the
proposal and giving knowledge of such a fact to IGAC:
a) Refuse to negotiate, demonstrating that they are not fulfilled the requirements that,
in accordance with paragraph 6 of the preceding Article, they impose the duty of negotiation;
b) Nominate another representative entity of greater number of potential users
of the respected sector, owing, in the same term, to initiate negotiations with the entity
to indicate, in accordance with paragraphs 1 and 2.
9-Should the proposal be formulated by a collective management entity, the entity
representative of addressee users may, within 10 days of their
recetion, refuse the negotiation, stating that it does not intend to enter into agreements with the
management entity concerned, giving knowledge of such a fact to IGAC.
10-Initiated the negotiation and up to its term, any representative entity of
users who demonstrate to represent greater number of potential users of the
respects sector should be admitted to participate in it, as long as it retargets the entity of
collective management in question a proposal formulated pursuant to paragraph 1 or communique,
by the same way, its adherence to the proposal or counterproposal formulated by the entity
one that finds itself in negotiation.
Article 39.
Deposit of the general tariff setting agreements
1-The general tariff setting agreement entered into in the terms of the preceding Article shall be
deposited by any of the parties to the IGAC.
2-When various representative entities of users have participated in the
negotiations, the agreement is only object of deposit if it is subscribed by entities
representative of largest number of users of the respected sector.
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3-Depositionable the agreement, the charging of it constant, its rules of application and too much
conditions bind the signatory collective management entities, by integrating into their
general fees, as well as users who fulfil the objective assumptions of the
your application, whether or not they are members or associates of the representative entities of
signatory users.
4-A linkage of collective management entities and users stay for the period
effective of the agreement, or by a lower term, should the act of deposit, the requirement of
both parties, limit temporally to their duration.
5-The deposit automatically lapses on the date on which the agreement cede no effect
by virtue of its expiry, denunciation, resolution, revocation, cancellation or declaration
of nullity.
6-From the act of deposit shall be given advertising on the site at the Internet of IGAC.
7-Within 30 days from the date of the deposit of the agreement, the representative entity
of greater number of potential users of the sector's sector, taking into account the
respect object, the territorial scope and the number of represented by the entities in
cause, may obster to the production of the effects provided for in paragraph 3.
8-For the purposes of the provisions of the preceding paragraph, the representative entity of users
should initiate the negotiations with the collective management entities concerned, through the
dispatch of the proposal referred to in Article 38 (1), giving knowledge of such
fact to IGAC.
9-In the cases referred to in paragraphs 2, 7 and 8 shall apply, with the necessary adaptations, the
provisions of Article 40 (1) and 3.
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Article 40.
Pendency of negotiations for the setting of general tariff
1-In the pendency of the negotiations for the setting of general tariff-users not
are exempted from obtaining the legally required permits or permits for the
use of the repertoire they wish to effect, and the management entities may not
collective refuse the issuance of provisional licences, valid until the deadline of 15 days to
count of the end of the negotiations, if another shorter one is not requested by the user.
2-In relation to the tariff rates practiced by the collective management entities participating
in the negotiations, pending these applies the following:
a) General tariff determined by agreement shall be provisionally in force
with the representative entities of users, the tariffs that have been ob-
Previous deposit project or the tariff determined in the decision sequence of the
committee of experts, even if the said agreements, acts of deposit or decisions
have ceased to invigorate by virtue of their denunciation or lapse;
b) It shall be suspended for the collection of the general tariff rates which have been fixed
unilaterally by the entities of collective management.
3-For the purposes of the provisions of the preceding paragraphs, the negotiation is considered pending
between the date of the proposal's prescribing and the expiry of the 60-day period on that date.
4-In cases referred to in paragraph b ) of paragraph 2 a compulsion to issue the licence
provisional only exists when the user declars, in writing, that he considers himself
debtor of the values that result alternatively:
a) From the application of the tariffs that are to be determined by agreement to the
provisionally authorized or licensed uses;
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b) On the lack of agreement, and if a fixing procedure is not pending
of tariffs by the commission of experts, of the tariffs set by the management entities
collective with effect to the start date of the negotiation.
Article 41.
Refusal of negotiation and lack of agreement in the negotiation
1-Refused to be negotiated by the representative entity of users in the terms provided for
in Article 38 (9), the collective management entity may, in the absence of collective bargaining agreement or
of a decision of the Commission of Experts in force, fix the tariff rates in question.
2-In the lack of agreement in the negotiation, any of the parties may appeal, past 60
days on the date of the proposal's prescribing, to a commission of experts, proceeding from
immediate to the designation of its expert.
3-In case the parties involved in the negotiation do not resort to a committee of experts in the
terms of the previous number, collective management entities may fix and require the
fares corresponding to the counterpart of the authorizations and licensing by the
uses of the rights entrusted to its management.
Article 42.
Commission of experts
1-The conflicts resulting from the relations between the collective management entities and the
users or representative entities of emerging users of the fixture and
application of general tariff rates are addressed by a commission of experts.
2-A committee of experts consists of three experts, competing for each party
designate your expert and the experts so appointed shall choose the other expert, who
serves as chairman of the committee of experts.
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3-If one of the parties does not designate the expert who competes with it or the designated experts
by the parties not to agree on the choice of the expert President shall apply the provisions of the n.
2 of Article 40 while maintaining a lack of designation or choice.
4-The operation of the committee of experts is the object of regulatory framework,
to be approved by porterie of the members of the Government responsible for the areas of culture and
of the economy.
5-The decisions of the committee of experts have per object:
a) The fixation, through a collective procedure, of a general tariff, applicable to
a particular activity or category of objectively defined users;
b) The fixation, through an individual procedure, of a tariff applicable to a
concrete user or concrete and determined set of users, in
virtue of repertoire uses, which should be covered by a tariff
general.
6-A The decision is to be delivered within a maximum of six months from the date of
constitution of the committee of experts.
7-The decisions of the committee of experts are taken taking into account the provisions of the
n. paragraphs 2 and 3 of Article 36 para.
8-A committee of experts fixes the pecuniary amount to be paid to its members, which
is supported in equal amounts, by the parties.
9-The decisions of the committee of experts integrate the general tariff of the entity of
collective management, being the object of deposit under the terms of Article 39 para.
10-It is up to appeal, with merely devolutive effect, to the court of the property
intellectual of the decisions of the committee of experts.
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Article 43.
Collective procedure for the setting of a tariff
1-Collective management entities and representative entities of users who have
participated in the negotiations can resort to the collective procedure for the fixation of
a tariff, provided that they prove their effective representativeness.
2-The collective procedure can only take place in the wake of a negotiation process
carried out in accordance with Article 38 and, when the expiry of the period provided for in paragraph 2 of the
article 41, the parties have not reached agreement.
3-In the collective procedure, the appeal to the commission of experts depends on the filling
of the circumstances referred to in Article 37 (6) and of the non-verification of the
circumstances provided for in Article 38 (8).
4-Unless otherwise agreed, the tariff rates set through collective procedure
may be deposited with the IGAC, by either party, within 30
days from the decision handed down by the committee of experts.
5-A From the date of the deposit, the tariff rates link the collective management entities
actors in the collective procedure and the users who fill the
the objective assumptions of its application, replacing the general tariff respects.
6-The provisions of paragraphs 4 and 5 shall not apply when the collective management entities have
invoked and demonstrated lack or reduced representativeness of the entities
representative of users intervening in the collective procedure in relation to the
number of potential users of the respected sector covered by the general tariff
agreed.
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Article 44.
Individual procedure for the setting of a tariff
The collective management entities and the users who have participated in the negotiations
may use the individual procedure for the setting of a tariff when,
cumulatively:
a) Do not find yourself in invigorating an agreement deposited, pursuant to Article 39, that
has by object the definition of a tariff applicable to the uses in question;
b) It has not been deposited with the IGAC under the terms of paragraph 4 of the preceding Article,
less than two years ago, decision by committee of experts to have the object to
definition of a tariff applicable to the uses in question;
c) A collective procedure for the setting of a tariff is not pending
under the terms of the previous article which has by object the definition of a tariff
applicable to the uses in question;
d) Users are not members or represented by any entity
representative of users who maintain with the collective management entity
agreements in force for the setting of tariff rates applicable to the uses in question,
regardless of whether or not such agreements have been the object of deposit with the
IGAC.
Article 45.
Effects of the pendency of tariff-fixing procedures
1-In the pendency of collective or individual tariff-setting procedures
remain provisionally in force:
a) The general tariff rates determined by agreement with the representative entities
of users;
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b) The tariff rates resulting from agreements previously firmed up with users
that have had intervention in individual procedure;
c) The tariff rates that have been the subject of prior deposit with IGAC;
d) The tariff rates determined in the sequence of decisions previously handed down
in collective procedure.
2-The provisions of the preceding paragraph shall apply even if the said agreements, acts of
deposit or decisions have left to invigorate by virtue of their complaint or
expiry.
3-Out of the cases provided for in paragraph 1, when the tariff rates in question have been set
unilaterally by the collective management entities, is applicable, with the necessary
adaptations, the provisions of the b ) of Article 40 (2) and (4), and the licences shall
interim to be issued by the deadline of 15 days from the expiry of the period referred to in the
n Article 42 (5) if another shorter one is not requested by the user.
4-Determined by the commission of experts the tariff to be applied in relation to the use or type of
use in question, shall owe the missing or excess amounts by virtue of the
application of provisional tariff or suspension of collection in the terms of the numbers
previous to be, depending on the cases, paid or returned, since:
a) The beginning of the negotiation, dealing with collective procedure;
b) The commencement of the use in question, dealing with individual procedure.
5-The recourse to any of the procedures for the setting of a tariff provided for in the
previous articles do not waiver the obtaining, on the part of the users, of the authorisation or
licence required for the respect of the use of works, benefits, phonograms,
videograms or emissions, nor does it prejudice the recourse to the judicial courts by the
holders of rights or collective management entities representing them for
to react against the illicit use of protected repertoire.
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6-The provisions of the preceding paragraph shall apply where the remuneration or compensation
to be determined is not the counterpart of a free use or a licence
compulsive expressly provided for in law.
Article 46.
Special regimes
1-Without prejudice to the duties of fixing, disclosure, reasonableness and transparency of the
tariff rates, are not covered by the planned scheme for the fixing of general tariff
the following uses:
a) Uses of works, benefits, phonograms, videograms and emissions from
broadcasting which imports distinct acts of exploitation from those referred to in ( d)
of Article 2;
b) Uses of literary, dramatic, dramatic-musical, choreographic works or
pantomimes;
c) Singular and specific use of one or several works, benefits, phonograms,
videograms and emissions;
d) Uses of works, benefits, phonograms, videograms and emissions for whose
authorization to the respect management entity do not find themselves mandated, do not exercise
effectively the respect management or for which permission is required
individualized of its holder;
e) Uses corresponding to private copying subject to the payment of compensation
to holders of rights.
2-The envisaged scheme for setting general tariff rates applies, with the necessary
adaptations, to tariffs relating to equal pay or compensation rights.
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CHAPTER IV
Tutela inspection and surveillance
SECTION I
Inspection tutelage
Article 47.
Inspection tutelage
1-The member of the Government responsible for the area of culture, through IGAC, exercises tutelage
inspections on the collective management entities.
2-For the normal performance of the powers set out in the preceding paragraph, shall the enti-
collective management colleges provide annually to IGAC the following elements:
a) Indication of the members who make up the social bodies;
b) Copy of the statutes and respects amendments;
c) Copy of the management reports and accounts of the exercise, as well as of the plans of
activity and the budget.
d) List of prices and tariffs in force at the institution;
e) List of contracts concluded with foreign entities for the purpose of
representation;
f) List of agreements concluded with representative entities of users.
3-Collective management entities must inform IGAC, within a maximum of 30 days,
count of your verification, any change to the elements referred to in the number
previous.
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Article 48.
Scope of the tutelage
The tutelage exercised by the member of the Government responsible for the area of culture on the
collective management entities comprises the following powers:
a) Conduct of surveys, syndications and inspections, whenever you show
necessary and, specifically, when there are indications of irregularities;
b) Sending to the competent entities of reports, opinions and other elements that if
show necessary for the purposeful or pursuit of lawsuits, civilians or
penal, which have because of the existence of irregularities and wrongdoings practiced
by the entities of collective management.
Article 49.
Removal of the managers ' bodies
1-A practice by the managerial bodies of the collective management entities constituted in
Portugal of acts of management seriously detrimental to the interests of the entity, of the
associates or cooperators and third parties constitute grounds for the submission of
judicial request for removal of the social organs.
2-In the case provided for in the preceding paragraph, it is incumbent upon the associates or cooperators
inform the competent entities of all available elements required to
Purpose of the judicial action, to which follows the terms of the Code of Procedure
Civil.
3-The judge shall decide the final, and shall appoint a provisional management commission, by the deadline
maximum of one year, charged with ensuring the day-to-day management of the entity and of
convene the general assembly to elect the new social bodies.
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Article 50.
Extinction of collective management entities
1-A IGAC shall ask the competent entities for the extinction of the managing entities
collective constituted in Portugal:
a) Who violate the law, in a very serious or repeated manner;
b) Whose activity does not co-incl with the object provided for in the statutes;
c) That they repeatedly use illicit means for the pursuit of their object;
d) Who unduly rehave the remuneration due to the rightholders.
2-The provisions of the preceding paragraph shall apply to other entities that exercise effectively
the collective management, regardless of its legal nature, authorization, registration or
communication.
3-Without prejudice to possible civil, criminal and counterordinational liability of such
entities and the persons acting on account or in representation of these constitutes
also cause of extinction the lack of authorization, registration or communication of the entities
that effectively exercise collective management.
SECTION II
Sanctions
Article 51.
Counterorders
1-Without prejudice to criminal liability, the collective management entities that violate the
access requirements to the activity and its exercise incur punishable counterordinance
with fine of € 2 500.00 a € 25 000.00.
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2-Incharge still in counterordinance to natural persons acting on account or in
representation of the collective management entities, being the minimum and maximum limit of the
coima predicted in the previous number reduced to one third.
3-A violation of the duties provided for in points a ) a g ) of paragraph 1 in Article 26 and in the paragraphs a )
a l ) of Article 27 (2) constitutes counterordinate punishable with fine of € 250.00 a
€ 3 to 750.00.
4-Failure to comply with the obligations set out in Article 34 (4), 5 and 7 of the Article 34 constitutes
counterordinance punishable with fine of € 250.00 a € 2 500.00.
5-A negligence is punishable, being the minimum and maximum limits of the applicable fines
reduced to half.
6-A attempt is punishable by the fine applicable to the consumptive counterordinance,
especially attenuated.
Article 52.
Ancillary sanctions
1-Depending on the seriousness of the infraction and the fault of the agent, may be applied to the entities
of collective management, concurrently with the fine, the following ancillary sanctions:
a) Interdiction of the exercise of activity;
b) Cancellation or suspension of registration.
2-The ancillary sanctions have the maximum duration of two years.
Article 53.
Instruction of the processes and application of fines and ancillary sanctions
It is incumbent upon IGAC to the instruction of the counterordinate processes, and the decision on
the application of the fine and the ancillary sanctions to the inspector general of cultural activities.
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Article 54.
Product of the fines
The product of the fines reverses:
a) 40% for IGAC;
b) 60% for the State.
CHAPTER V
Supplementary, transitional and final provisions
Article 55.
Dematerialization of procedures
1-All requests, communications and notifications, or, in general, any statements
between those concerned and the competent authorities in the procedures laid down in the
present law must be effected by means of an electronic means through the one-stop shop
electrolyte of the services, referred to in Article 6 of the Decree-Law No. 92/2010, 26 of
July, accessible through the Citizen Portals and the Company.
2-The provisions of the preceding paragraph shall not apply to counterordinational procedures and
to the collective or individual procedures for setting up tariff rates.
3-When, on the grounds of unavailability of the electrolytic platforms, it is not possible
the fulfillment of the provisions of paragraph 1, the transmission of the present information is effected
by electro-mail to address created specifically for the purpose by IGAC,
Advertised in the respect site in the Internet and on the existing computer platform for
tramping of the procedure.
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4-Whenever the facility to the electro-mail is not technically possible, the
transmission of the information can be done by delivery to IGAC, by any means
dematerialized electrolytic, or by any other legally permissible means.
5-It shall also apply to the procedures referred to in this Article to the provisions of paragraph 1 of the
article 7 of the Decree-Law No 92/2010 of July 26.
6-Whenever an element that should instruct one of the requests, communications and
notifications or statements referred to in paragraph 1 already found in the possession of any
national administrative entity, may the official reviewer of accounts or society of
reviewers officers of accounts choose to replace their delivery with the express indication of the
identification and location of the same, cabling to IGAC its officious achievement.
7-The one-stop shop provided for in this Article complies with the provisions of Law No. 36/2011, of 21
of June.
Article 56.
Administrative cooperation
The competent authorities pursuant to this Law shall participate in the cooperation
administrative, in the context of the procedures for providers from another
Member State, pursuant to Chapter VI of Decree-Law No 92/2010 of July 26,
particularly through the IMI.
Article 57.
Transitional provisions
1-In situations where the competent administrative authority on the grounds of the matter of
a Member State or of the European Economic Area still do not participate in the
mechanism of administrative cooperation, through the IMI, competes with IGAC to check the
veracity of the information provided with respect to the administrative authority
competent.
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2-Collective management entities constituted in Portugal shall:
a) Proceed to the adaptation of its statutes within six months after entry into
vigour of this Law;
b) Ensuring the implementation and commissioning of procedures
required to comply with the provisions of Article 35 (2 a) (35) within the period of
one year from the date of entry into force of this Law.
3-Joint licensing balconies provided for in Article 35 shall be effectively
implemented within the maximum period of one year after the entry into force of this Law.
4-Fishing the deadline provided in the preceding paragraph without the licensing balconies
set have been effectively implemented, IGAC adopts, within 30 days,
the measures provided for in Article 35 (4).
Article 58.
Regulation
The Government regulates this Act within 30 days of the date of its entry
in force.
Article 59.
Abrogation standard
It is repealed the Act No 83/2001 of August 3.
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Article 60.
Entry into force
This Law shall come into force 30 days after the date of its publication.
Seen and approved in Council of Ministers of August 21, 2014
The Prime Minister
The Minister of the Presidency and Parliamentary Affairs