- I. GENERAL PROVISIONS
- II. COLLECTIVE EXPLOITATION
- III. SUPERVISION OF THE COLLECTING SOCIETIES
- IV. MEASURES RELATING TO IMPORT AND EXPORT
- V. FEES
- VI. FINAL PROVISION
Ordinance of 14 December 1999 on Copyright and Neighbouring Rights (Copyright Ordinance)
Liechtenstein State Gazette (Liechtensteinisches Landesgesetzblatt) 1999 Volume, No. 253, published on 29 December 1999
TABLE OF CONTENTS
Page
I. General Provisions
Subject.......................................................................... 2
Designations.................................................................. 2
II. Collective Exploitation
A. General
Principle........................................................................ 2
Conditions..................................................................... 2
Form of the Security Deposit........................................ 3
Use and Release of the Security Deposit....................... 3
Granting of Licences..................................................... 3
Term; Publication......................................................... 3
B. Safeguarding of Authors’ Rights
Exploitation Obligation................................................. 3
Principles of Management............................................. 3
C. Tariffs
Obligation to Draw up Tariffs....................................... 4
Joint Tariff.................................................................... 4
Principle of Reasonableness.......................................... 4
D. Distribution
Principles of Distribution.............................................. 4
Distribution of the Proceeds of Exploitation................. 5
E. Cooperation of Users
Obligation to Provide Information................................ 5
III. Supervision of the Collecting Societies
A. General
Spheres of Exploitation Subject to Supervision............ 5
Supervisory Authority................................................... 6
B. Supervision of the Management
Scope of Supervision.................................................... 6
Measures Relating to the Infringement of Obligations.. 6
C. Supervision of Tariffs
Approval of Tariffs....................................................... 6
Filing of Application..................................................... 7
Hearing.......................................................................... 7
Adjustment of Tariff Proposals..................................... 7
Proceedings................................................................... 7
IV. Measures Relating to Import and Export
Scope............................................................................. 7
Request for Assistance.................................................. 7
Withholding of Goods................................................... 8
V. Fees
A. Fees of the Supervisory Authority
Principle........................................................................ 8
Calculation and Persons Liable to Payment.................. 8
Advances and Time Limit for Payment......................... 8
B. Fees for Import and Export Procedure
Processing and Safekeeping Fees.................................. 9
VI. Final Provision
Pursuant to Article 74 of the Law of 19 May 1999 regarding the Copyright and Neighbouring Rights (Copyright Law), Liechtenstein State Gazette 1999, No. 160 1 , the Government issues the following Ordinance:
I. GENERAL PROVISIONS
Subject
1. This Ordinance governs the collective exploitation of authors’ rights and neighbouring rights, the supervision of the collecting societies as well as the measures relating to import and export of goods, whose distribution within the country infringes copyright or neighbouring rights.
Designations
2. Terms used in this Ordinance referring to persons of the female gender shall also be deemed to apply to persons of the masculine gender 2 .
II. COLLECTIVE EXPLOITATION
A. General
Principle
3. Any person who exploits authors’ rights which are subject to supervision shall require a licence from the Government.
Conditions
4.—(1) Licences shall only be granted to collecting societies which:
(a) have the exploitation of authors’ rights as their primary purpose;
(b) are open to all holders of rights;
(c) grant the authors an appropriate right of co-determination;
(d) offer to guarantee compliance with the legal provisions, in particular on the basis of their articles of association;
(e) can be anticipated to achieve effective and economic exploitation.
(2) If foreign collecting societies are licensed, they shall in Liechtenstein at least designate an address for legal service within the country and shall, on application for the granting of a relevant licence, submit a binding declaration that with regard to their activity in Liechtenstein they fully subject themselves to the legislation and jurisdiction of Liechtenstein.
(3) Collecting societies of states which do not have agreements on the enforcement of foreign judgments with the Principality of Liechtenstein shall deposit a security of at least 100,000 francs with the Principality’s cash office as security for the claims made against them as a result of their business activity.
(4) As a rule, only one society shall be granted a licence per category of work.
Form of the Security Deposit
5. The security may be deposited:
(a) as a surety or guarantee declaration by a bank or insurance institution;
(b) as surety insurance, provided that the indemnification payments are provided independently of the payment of the premiums;
(c) as a cash deposit.
Use and Release of the Security Deposit
6.—(1) The security deposit may, in particular, be used
(a) to cover the costs of the Supervisory Authority;
(b) to make payments which are due to the authors and holders of neighbouring rights.
(2) The security deposit or the residual sum shall be released at the earliest after the expiration of one year following the expiration or withdrawal of the licence.
Granting of Licences
7.—(1) Licences for the exploitation of authors’ rights shall be granted on application or by way of invitation to tender procedure.
(2) The Office of National Economy shall be entrusted to conduct the invitation to tender procedure. The decision on the selection of bidders and the granting of the licences shall be the responsibility of the Government.
Term; Publication
8.—(1) The licence shall as a rule be granted for a term of three years; after expiration of this term it may as a rule be renewed for an additional three years in each case.
(2) The granting, renewal, amendment, withdrawal and non-renewal of the licence shall be published in the official publication instruments.
B. Safeguarding of Authors’ Rights
Exploitation Obligation
9. Collecting societies shall be under an obligation vis-à-vis the holders of rights to safeguard the authors’ rights and neighbouring rights pertaining to their sphere of activity.
Principles of Management
10.—(1) Collecting societies must conduct their business in accordance with the principles of orderly and economic administration.
(2) They must manage exploitation in accordance with fixed rules and without arbitrariness.
(3) They must not strive to make a profit of their own.
(4) They shall where possible conclude reciprocity agreements with foreign collecting societies.
C. Tariffs
Obligation to Draw up Tariffs
11.—(1) The collecting societies must draw up tariffs for the remuneration that they collect.
(2) They must submit the tariffs to the Supervisory Authority for approval and publish the approved tariffs in a suitable manner. They shall at least inform the associations for the users of the works accordingly.
(3) The Supervisory Authority may require that the collecting societies negotiate the form of the individual tariffs with the relevant associations for the users of the works.
Joint Tariff
12.—(1) If more than one collecting society is acting in the same sphere of use, they must draw up a joint tariff for the same use of works in accordance with uniform principles and designate a joint place of payment applicable to all of them.
(2) The Government may issue additional provisions relating to their cooperation.
Principle of Reasonableness
13.—(1) The following considerations shall be taken into account for the determination of remuneration:
(a) the revenue obtained from the use of the work, the performance, the phonogram or videogram or the broadcast, or alternatively the expenditure in connection with such use;
(b) the nature and quantity of the works, performances, phonograms or videograms, or broadcasts used;
(c) the proportion of protected compared to unprotected works, performances, phonograms or videograms, or broadcasts, as well as to other services.
(2) Remuneration shall as a rule amount to a maximum of 10% of the revenue from or expenditure for use in the case of the authors’ rights and a maximum of 3% in the case of the neighbouring rights; it shall, however, be fixed in such manner that the persons entitled receive reasonable remuneration, based on economic administration.
(3) The use of works for cultural and social purposes by public-benefit institutions shall be favoured pursuant to the tariff.
D. Distribution
Principles of Distribution
14.—(1) The collecting societies shall be required to draw up distribution regulations and to submit these to the Supervisory Authority for approval.
(2) The use of parts of the proceeds of exploitation for the purpose of social provision and reasonable cultural promotion shall require the consent of the Supervisory Authority.
Distribution of the Proceeds of Exploitation
15.—(1) The collecting societies must distribute the proceeds of exploitation in accordance with the revenue from the individual works. They shall undertake all endeavours which can reasonably be expected of them to determine the persons entitled.
(2) If this distribution is unreasonably costly, the collecting societies shall be permitted to estimate the extent of the revenue from the work; the estimates must be based on verifiable and appropriate criteria.
(3) The proceeds should be apportioned between the author and other persons entitled in such manner that as a rule the author retains a reasonable proportion. Another form of distribution shall be permitted if the expenditure would be unreasonable or if service works are involved.
(4) The distribution regulations shall not cancel contractual arrangements by the original holder of rights with third parties.
E. Cooperation of Users
Obligation to Provide Information
16.—(1) Where it may reasonably be expected of them, the users of works shall provide the collecting societies with all the necessary information for drawing up and applying the tariffs and for distributing the proceeds.
(2) The collecting societies shall be obliged to preserve business secrets.
III. SUPERVISION OF THE COLLECTING SOCIETIES
A. General
Spheres of Exploitation Subject to Supervision
17.—(1) The following shall be subject to supervision:
(a) the exploitation of the exclusive rights to the performance and broadcasting of non-theatrical works of music and to the production of phonograms of such works;
(b) the assertion of the claims to remuneration envisaged in the Law pursuant to Articles 14, 15, 22, 25 and 41.
(2) The Government may subject additional spheres of exploitation to supervision if the public interest so requires.
(3) The personal exploitation of exclusive rights by the author or his heirs shall not be subject to supervision.
Supervisory Authority
18.—(1) The Supervisory Authority shall be the Office of National Economy; it shall supervise the collecting societies.
(2) The Supervisory Authority shall charge fees for its activity (Articles 30 to 33).