What is a tariff?
The amount of remuneration to be paid by users in respect of each manner of use as well as the other conditions of use shall be calculated along the tariffs of CMOs on uses where the management of rights is under collective management.
How do the remunerations determined?
The current amount of remunerations are determined yearly by the CMOs. It shall be approved by the minister responsible for justice affairs before entering into force after an approval procedure. Before approval, the opinion of the significant users and the representative organisations of users, as well as other Ministries shall be asked under particular circumstances.
During the approval procedure of tariff applied for CMOs, the following steps shall be followed:
- The CMO determines the ‘tariff’ and send them to the HIPO for the purpose of approval procedure not later than 1st September
- Starting date of the planned application is 1st January.
- In the course of determining the tariff, and in the procedure for the approval of the tariff, the agreement on remuneration and other conditions of use made between the parties in the procedure of the mediation board shall also be taken into consideration.
- The minister responsible for justice approves the tariff; based on the proposal of the HIPO after the procedure of giving opinion is carried out.
- The approval is the condition for the application of the tariff and for the publication in the Official Journal.
- The CMO has to attach justification and supporting documents to the tariff.
- The HIPO shall ask for the opinion of
o the significant users and
o the representative organisations of users and
o the Minister responsible for culture,
o in addition – concerning the tariff related to public performance – the Minister responsible for trade, tourism and catering trade on the tariff.
- The opinion procedure shall be carried out within sixty days calculated from the filing of the tariff at the HIPO.
- Significant user is any person that certifies that the remuneration paid by it reached 5 percent of all remunerations paid on the basis of the tariff concerned in the calendar year before the year of filing.
- Representative organisation of users is any legal person having a registered membership, it certifies that the membership of the representative organisation includes the users affected by the tariff concerned that paid at least 10 percent of all remunerations paid on the basis of the tariff concerned in the calendar year before the year of filing.
- The Minister responsible for justice shall approve the tariff if it is in accordance with the legislation on copyright.
- The Minister responsible for justice shall issue a resolution on the approval within thirty days from the receipt of the proposal of the HIPO.
- After the approval the tariff shall be published by the collecting society in its own name in the Official Journal.
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