8.2. Activity of collective management

Collective management organizations are subjects of copyright and related rights, they have legal status after the state registration (done in a general manner prescribed for non-profit organizations). These organizations operate on the basis of approved certificates and within the powers granted by the copyright and related rights.

Accounting of collective management and supervision of their activities by the State Intellectual Property Service of the Ministry of Education and Science of Ukraine. Collective management organization shall be registered in DSIV within 30 days after its state registration. If the time period specified organization must provide DSIV explanation in writing of the reasons that led to the delay in filing the prescribed time limit. On taking on the collective management organization DSIV issue a certificate of registration appropriate form. Right to work collective management organization receives from the issuance of the certificate of recognition of collective management. Collective management organizations is a means of state control over observance of collective management of legal requirements regarding such organizations.

The organization can be taken into account if:

a) a legal entity;

b) is not intended to directly or indirectly make a profit;

c) the goal is - collective management of property rights of the copyright and (or) related rights;

d) no right to engage in economic activities or commercial use in any way of copyright and (or) related rights assigned to it by management;

d) covering the entire territory of Ukraine and has local offices or representation in most regions of Ukraine;

e) set up by the founders, unites members (participants) organizations that are subject to copyright and (or) related rights and delivered under the contracts own property rights in the collective management of the organization;

e) has a charter that complies with the law, particularly in the field of copyright and related rights.

Collective management organization controlled by the State Department of Intellectual Property. It is obliged to provide information DSIV for supervision in the following terms:

a) the conclusion of bilateral or multilateral agreements with other collective management organizations, including foreign, and management of the proprietary rights of copyright and (or) related rights, including those who did not assign collective management organization credentials - once every six months;

b) the changes made to the charter of the organization - within five working days after making appropriate amendments in accordance with the law;

c) for contracts management of property rights of the copyright and (or) related rights - once every six months;

d) the results of audits - no later than five working days after clearance inspection report;

d) information on the annual balance sheet, annual report on Form under the law - until March 20 next year, the reporting;

e) the persons authorized to represent the organization - within 10 days whenever election (appointment) or dismissal of the case.

Information obtained during the performance of the functions of supervision, can not be disclosed without the consent of the organization, except as provided by law. Violation of these requirements is provided pursuant to applicable law.

Violation of the laws of Ukraine in the field of copyright and (or) related rights to collective management organizations, the following sanctions:

1. Warning;

2. temporary ban (suspension) the right of collective management contracts to collect fees or contracts to permit the use of copyright and (or) related rights for up to three months;

3. deregistration.

Warning DSIV is collective management organization in the form of a written notice indicating violations. The organization has received warnings required by the specified in the warning period to address the violation that notify DSIV.

In case of non-compliance with the requirements specified in preventing DSIV, the organization used a temporary ban (suspension) the right of collective management contracts to collect fees or contracts to permit the use of copyright and (or) related rights up to three months.

By continuing violations of legislation on copyright and (or) related rights following sanctions in the form of warnings and temporary bans (suspension) DSIV decides to remove the organization from the register of collective management.

Removal from the collective management organization determines termination of activity involving the collective management of economic rights of authors. In case of cancellation of the certificate of collective management organization, such organization can be taken into account collective management organizations, not earlier than one year from the date of decision DSIV of deregistration.

Collective management organizations may also be removed from the register in the following cases:

1. termination of a legal entity in accordance with legislation;

2. statement of the withdrawal of the collective management organization;

3. judgment.

In the event of termination of the organization as a legal entity in accordance with legislation and procedure distribution remuneration after revocation of the certificate shall be in accordance with the laws of Ukraine.

Collective management organization (organization for collective administration of economic rights)

Collective management organization (organization for collective administration of economic rights) - the organization that operates on a collective basis of economic rights of copyright and (or) related rights and not intended for profit.

LAW OF UKRAINE On Copyright and Related Rights (Article 1) Kiev, 23 December 1993 N 3792-XII (as amended by Law N 2627-III of 11.07.2001)

Collective management organization (organization for collective administration of economic rights) - the organization that operates on a collective basis of economic rights of copyright and (or) related rights and not intended for profit.

MINISTRY OF CULTURE AND TOURISM OF UKRAINE A W on the approved guidelines on accounting for intangible assets filmmaking (Guidelines, Sec. Notion in the field of cinematography) 02.04.2008 N 353/0/16-08

Article 48. Activity of collective management

     1. Collective management organization after its state

registration required within 30 days to register with the Office.

On the registration of collective management institution shall

publication in the official gazette.

     Collective management organizations operate on the basis of statutes

approved in the prescribed manner and within the powers

obtained from the copyright and (or) related rights.

     2. Collective management organizations have no right

engage in commercial activity or to use any

way of copyright and (or) related rights

entrusted to them for management. On the activities of such organizations are not

subject to the limitations provided by law on the protection of

economic competition. (Article 48 as amended

amended by the Law N 1294-IV (1294-15) of 20.11.2003)

     3. The powers of the collective management of property rights

transmitted collective management organizations and authors

other copyright and (or) related rights

agreements entered into in writing.

     4. Collective management organizations can manage on

territory of Ukraine proprietary rights of foreign

copyright and (or) related rights on the basis of agreements with

similar foreign organizations, including the mutual

representation.

     Collective management may assign from

agreements with similar foreign organizations to manage

collectively overseas property rights of Ukrainian

of copyright and (or) related rights, including

mutual representation.

     5. On the basis of the authority of collective

management provide to any person by negotiating with them

non-exclusive rights to the use of copyright

rights and (or) related rights.

     6. Collective management organization may require

persons using objects of copyright and related

rights, providing them with documents that contain detailed information about

use of these facilities are required to collect and

distribution of rewards.

     7. Collective management organization shall provide

Institution with the following information:

     a) changes made to the statute of the organization;

     b) conclusion of bilateral or multilateral agreements

other collective management organizations, including

foreign;

     c) management of property rights of people who are not transferred

organization shall be in accordance with the third paragraph of this article;

     d) conclusion of contracts management of property rights

of copyright and (or) related rights; (subparagraph "d"

paragraph seven of Article 48 of the Law N 850-IV (850-15) of

22.05.2003)

     e) an annual balance sheet, annual report, audit results

inspections;

     e) the persons authorized to represent the organization.