Area: Javna uprava
Competent authority: MGRT
EZU URL: .nan
Initiative ID: 907
Initiative accepted and completed: '2018-06-11'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2018-05-09'
Initiative published: '2018-05-09'
Initiative submitted: '2018-05-09'
Response from the competent authority: "Reply from the Intellectual Property Office:User\
  \ reporting on the use of protected works is crucial for the success of collective\
  \ rights management, because without information on the use of works, collecting\
  \ societies cannot carry out their tasks because they cannot identify which works\
  \ have actually been used, and consequently cannot invoice for the use of protected\
  \ works and correctly distribute the royalties collected.In the light of the above,\
  \ the proposal that associations for smaller events should not be required to report\
  \ to collecting societies on the use of works cannot be followed, as this would\
  \ result in the collecting society not having the information it needs to carry\
  \ out its tasks in such cases. The proposed amendment to the Rules on the Public\
  \ Performance of Musical Works cannot be followed either, as it was not adopted\
  \ by the legislator, but by SAZAS (now SAZAS k.o.).Overall response:The Intellectual\
  \ Property Office of the Republic of Slovenia (hereinafter: the Office) received\
  \ the petition No. The petition proposes to amend the Copyright and Related Rights\
  \ Act and, consequently, the Rules on Public Performance of Musical Works so that\
  \ associations would not be obliged to submit applications to collecting societies\
  \ for smaller events. It is further argued that it is also completely absurd that\
  \ schools should be required to submit such applications for the use of copyright\
  \ works in classes and school events, when the law allows them the possibility to\
  \ use copyright works in highlighted events, while schools are nevertheless burdened\
  \ with unnecessary administration.\r\nThe Copyright and Related Rights Act (Official\
  \ Journal of the Republic of Slovenia, No. 16/07 - official consolidated text, 68/08,\
  \ 110/13, 56/15 and 63/16 - ZKUASP; hereinafter: \"the CPRA\") in 15. Article 15\
  \ provides that copyright is a unitary right in an author's work from which derive\
  \ exclusive personality rights (moral copyright), exclusive economic rights (material\
  \ copyright) and other rights of the author (other rights of the author). Material\
  \ copyright protects the economic interests of the author by exclusively authorising\
  \ or prohibiting the use of the author's work and copies of the author's work. Unless\
  \ otherwise provided for in the WCT, use of an author's work is permissible only\
  \ if the author has transferred the corresponding material copyright in accordance\
  \ with the WCT and under the terms and conditions laid down by the author.\r\nThe\
  \ author may manage his rights individually or collectively. Collective management\
  \ of copyright and related rights is governed by the Act on Collective Management\
  \ of Copyright and Related Rights (Official Gazette of the Republic of Slovenia,\
  \ No 63/16; hereinafter: the CCCRR). Within the scope of its activities, a collecting\
  \ society, inter alia, authorises and controls the use of works in its repertoire,\
  \ issues invoices to users for the use of works in its repertoire, collects and\
  \ recovers royalties, allocates the collected royalties to the right holders in\
  \ accordance with predetermined rules on the distribution and payment of the collected\
  \ royalties and pays the allocated royalties to the right holders. A collecting\
  \ society may exercise its tasks only if it has data on the use of the works in\
  \ its repertoire.\r\nTherefore, Article 48(1) of the CCCLA (users' duty to inform)\
  \ provides that users of works in the repertoire of a collecting society must, within\
  \ the time limit and in the form laid down in this Law or in a joint agreement,\
  \ provide the collecting society with the information on the use of works in its\
  \ repertoire that is necessary for the collection and distribution of royalties.\
  \ Pursuant to Article 48(2) of the CCCLA, the organisers of cultural and entertainment\
  \ events and other users of works of authors' authorship in the repertoire of the\
  \ collecting society must, where required to do so by the law governing copyright\
  \ and related rights, obtain the rights for the communication to the public of the\
  \ works of authorship beforehand and, within 15 days of their communication, send\
  \ the competent collecting society the schedules of all works used or, where this\
  \ is not possible, the other information necessary for the calculation of the royalties.\
  \ Article 48(4) of the CCCLA provides that users of works of authors' authorship\
  \ in the repertoire of a collecting society who use those works on the basis of\
  \ the law governing copyright and related rights, without a non-exclusive transfer\
  \ of the corresponding right, must send the data on their use to the competent collecting\
  \ society once a month. Article 48 of the CCCLA also lays down reporting obligations\
  \ for other uses or users or persons liable for payment.\r\nThe provisions of Article\
  \ 48 of the CCCUAPA transposed into the Slovenian legal order the provision of Article\
  \ 17 of Directive 2014/26/EU of the European Parliament and of the Council of 26\
  \ February 2014 on collective management of copyright and related rights and multi-territorial\
  \ licensing of rights in musical works for online use in the internal market (OJ\
  \ L 84, 20.3.2014, p. 1). 72; hereinafter: \"Directive 2014/26/EU\"), which provides\
  \ that Member States shall adopt provisions to ensure that users provide collective\
  \ rights management organisations, at an agreed or predetermined time and in an\
  \ agreed or predetermined form, with such information on the use of the rights represented\
  \ by the collective rights management organisation as is necessary for the collection\
  \ of rights revenues and for the distribution and payment of amounts to which rightholders\
  \ are entitled.\r\nUser reporting on the use of protected works is crucial for the\
  \ success of collective rights management, because without information on the use\
  \ of works, collecting societies cannot carry out their tasks because they cannot\
  \ identify which works have actually been used, and consequently cannot invoice\
  \ for the use of protected works and correctly distribute the royalties collected.\r\
  \nIn the light of the above, the proposal that associations for smaller events should\
  \ not be required to report to collecting societies on the use of works cannot be\
  \ followed, as this would result in the collecting society not having the information\
  \ it needs to carry out its tasks in such cases. The proposal to amend the Rules\
  \ on the public performance of musical works cannot be followed either, since it\
  \ was not adopted by the legislator but by SAZAS (now SAZAS k.o.). It follows from\
  \ the above-mentioned provision of Article 48(1) of the CCCPA that the collecting\
  \ society and the representative users' association may agree in a joint agreement\
  \ on a time limit and form of reporting that suits them.\r\nPursuant to Article\
  \ 49(1) of the WCTL, the public performance and communication to the public of published\
  \ works in the form of direct instruction; the public performance of published works\
  \ at free school ceremonies, provided that the performers do not receive remuneration;\
  \ and the secondary broadcasting of RTV school broadcasts are free for the purposes\
  \ of instruction. In the above cases, the source and the authorship of the work\
  \ must be acknowledged if it is indicated on the work used. If schools use copyright\
  \ works under this exception, they do not need to report, but if they use copyright\
  \ works in a way other than that provided for in Article 49 of the RTS, they must,\
  \ like other users, obtain the appropriate rights for the desired use and report\
  \ this to the collecting societies. This is already the case under the current regime,\
  \ and no amendment of the WCT or the CCCT is required. As already mentioned, the\
  \ representative association of users and the collecting society may agree on the\
  \ time limit and form of reporting on the use of protected works.\r\n \r\n "
Text file: 907.txt
Title: Simplifying the application process for the use of copyright works at small
  events
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=907
