APPROVED BY
AGATA Conference held on 1 June, 2011
I. General Part
1. Rules of distribution of remuneration to performers and phonogram producers (hereinafter referred to as the Rules) shall be applied for distribution of remuneration, collected for the use of phonograms and/or performance records of performers and phonogram producers.
2. The Rules and their amendments shall be approved in AGATA Conference.
3. All Lithuanian and foreign performers and phonogram producers, represented by AGATA, are entitled to distributed remuneration to performers and phonogram producers, collected for the used phonograms and/or performance records. Neighboring rights assignees also are entitled to distributed remuneration.
4. Remuneration for performers and phonogram producers, who are not represented by AGATA, shall be kept according to the order set in Pt. 9. It shall be distributed and paid to performers and phonogram producers after conclusion of membership agreements with AGATA according to the same rules as to AGATA members.
5. Distributed amount of remuneration to performers and phonogram producers is equal to remuneration, collected within payment period, deducting the amounts necessary to cover administration expenses of AGATA.
6. Remuneration distribution is carried out according to information about the used phonograms and/or performance records, given by their users. Information giving order is set in the agreements with the users of phonograms and/or performance records. Information can be supplemented in accordance with the data of checking the use of honograms and/or performance records, made by AGATA.
7. Remuneration distribution and payment to Lithuanian performers and phonogram producers is executed for the last year, one time from June 1 till July 1. Remuneration distribution to foreign performers and phonogram producers is executed once per year and is paid not later than within three months after the respective distribution, in case it is not set otherwise in the agreements with foreign collective administration organizations.
8. Remuneration to Lithuanian performers and phonogram producers is transferred to their personal bank accounts after distribution. In exceptional cases remuneration to Lithuanian performers and phonogram producers can be paid in other ways: money orders (in case AGATA member does not give his/her bank account due to certain reasons; expenses related to remuneration remittance by post are deducted from the amount of member’s remuneration), cash, etc.
9. Remuneration for unidentified performers and unidentified phonogram producers and Lithuanian performers and phonogram producers, who are not represented by AGATA, shall be kept for three years. In case performers and phonogram producers do not refer to AGATA within three years period regarding their remuneration or AGATA itself does not state (identify) them, after expiry of the period, the unpaid remuneration is redistributed to all performers and phonogram producers, whose phonograms and/or performance records were used within distribution period after the last three years.
10. In case foreign performers or phonogram producers of the used phonograms and/or performance records are not known or the available information is not explicit, “List of unidentified works” is formed and sent to organizations of performers and phonogram producers with the request to cooperate in setting the actual performers and phonogram producers.
11. Remuneration for unknown performers and phonogram producers or known performers and phonogram producers, who are not represented by foreign associations during distribution period, is kept for three years. After the end of such period the unpaid remuneration is redistributed for all performers and phonogram producers, whose works were used during distribution period after the last three years.
II. Registration of Works
12. Remuneration is distributed in accordance with records registration in AGATA. Therefore performers and phonogram producers who are represented by AGATA must register all their issued records which are the objects of AGATA administrative rights. Phonogram producers must register all their records that were issued during a quarter of a year till the 20th day of the next quarter of a year (by following till the 20th of April, 20th of July, 20th of October, 20th of January). If phonogram producers do not register their issued records on time, the fine of 10% is applied. The fine is checked off from the remuneration of corresponding year and distributed to cover the additional identification expenses.
Pt. 12 edit comes in force for distribution of remuneration of 2010.
13. Works are registered according to the form set by AGATA, where all authors creating the record, also producers of the record, etc. are indicated. All responsibility for the inaccurate registration falls on performers or phonogram producers, registering the record.
14. In case during record registration the parts of remuneration distribution among performers (if there are more than one) are not indicated, remuneration is distributed according to AGATA rules of distribution, indicated in Section III.
III. Distribution of Remuneration to Performers and Phonogram Producers
15. 2% from the collected amount of remuneration, remaining after deduction of administration expenses, must be kept in reserve in order to satisfy legally reasoned claims of performers and phonogram producers, represented by AGATA regarding the unpaid remuneration, which was not distributed to them due to the made error or inaccuracy in AGATA information database. The sum of the each year’s reserve shall be kept for three years. If after this period the said sum is not paid, it shall be added to the sum of the current year allocated for appropriation.
16. After deduction of administration expenses and 2% to reserve from the amount of collected remuneration, 10% of assets for distribution are left in reserve intended for future payments to foreign performers and phonogram producers. The sum of the each year’s reserve shall be kept for three years. If after this period the said sum is not paid, it shall be added to the sum of the current year allocated for appropriation. This reserve is used by special decision of administration proportionally to every new year represented foreign subjects’ rights extent.
17. 10% of distributed assets to reserve for foreign performers are not deducted from broadcasters, which hardly broadcast foreign music.
18. After deduction of administration expenses and amounts to reserves, provided in Pt. 15 and 16, the remaining remuneration amount must be distributed equally: 50% to performers and 50% to phonogram producers, unless otherwise established by their mutual agreement. In case performer and phonogram producer agree to distribute the remuneration amount differently, the documents that approve such distribution must be presented to AGATA.
19. Remuneration for phonogram producers is distributed according to the term indicated in usage programs of phonograms and/or performance records, and for performers additionally according to the played part in particular record (Annex No.1).
20. In case the user (except broadcasters) does not submit reports on the used phonograms and/or performance records, then:
- 10% of this sum is redistributed to during the corresponding year newly issued and registered in AGATA albums according to the length of phonograms. Album participates in the distribution of remuneration only if it is issued not less than 300 unit edition.
- The remaining money paid by the user is distributed according to the radio stations’ reports on used phonograms, as submitted to AGATA. Total amount of money, which is distributed according to reports of radio stations, is divided proportionally to the amounts received from radio stations.
21. In case broadcaster paid remuneration less than 3000 LTL/year to performers and phonogram producers or did not submit reports about broadcasted music, the paid money may be not distributed according to each such broadcaster. Amounts collected from such broadcasters may be proportionally added to the amounts paid by other broadcasters and distributed according to play lists of the last-mentioned.
22. Unpaid amounts of users for the distribution year are transferred and added to the distribution of the next year.
IV. Calculation of Remuneration to Performers and Phonogram Producers
23. Calculation of term:
23.1. Term in minutes of phonogram and/or performance record, separately broadcasted by every radio and TV station is summed up and 50% of minutes are counted to phonogram producer and 50% to performer (or performers);
23.2. Minutes, counted according to every broadcaster (user) are summed up for each phonogram producer;
23.3. Distribution of minutes to performers is done applying percentage system, which differentiates performer’s played part in particular record (Annex No.1).
24. Calculation of minute price of each broadcaster:
24.1. In addition to remuneration paid to performers and phonogram producers by radio and TV stations, remuneration is added proportionally to the amount of contributions of each station, paid by users, which did not give broadcasting programs;
24.2. Remuneration of each station corrected in such way is divided from total broadcasting term of respective station, in this way getting the price of 1 minute of such station.
25. Calculation of remuneration to performers and phonogram producers:
25.1. Number of minutes collected of each performer and phonogram producer is multiplied by found minute price of each broadcaster. Remunerations calculated in such way according to each broadcaster are summed up and paid separately to each performer or phonogram producer.
26. Rates intended for calculation of remuneration for usage of certain music forms or phonograms recorded by specific means:
26.1. Rate 3 is entered for classical music performance (term of broadcasted work is multiplied by the rate). The rate is applied to performer of musical work and producer of phonogram;
26.2. Rate 2 is entered for jazz and blues music performance (term of broadcasted work is multiplied by the rate). The rate is applied to performer of musical work and producer of phonogram. When the remuneration for usage of phonograms that are issued and registered with a commercial purpose (according to Pt. 12 rule) in the TV stations is calculated, the rate K is set taking into consideration the importance of usage of phonogram in the TV programs.
26.2.1. In case the TV program is based on phonograms, the rate K is equal to 1 (for instance, concert of greetings).
26.2.2. In case the phonogram is used for the background of TV program and mentioned phonogram is not created occasionally for the usage in the TV, the rate K is equal to 0.5.
26.2.3. In case the phonogram is used for the background of TV program, presentation or end of it (vignette, markers, background music), and the music is occasionally created for the TV or the musical work of libraries are used, the rate K is equal to 0.02.
26.3. Rate 0.001 is entered for computer music performance, applied considering the way of record usage. Term of work is multiplied by the rate. The rate is applied to performer of musical work and producer of phonogram. Computer music is the music designed for shows’ openings, insertions, closures and background, which is created by computer and performed by computer.
V. Remuneration Collected for Broadcasting and Other Use of Foreign Performers and Phonogram Producers:
27. In case A type agreement is signed with foreign collective administration organization, collected remuneration is distributed according to the general AGATA rules of distribution of remuneration to performers and phonogram producers, if it is not set otherwise in the agreement with foreign collective administration organization.
28. In case B type agreement is signed with foreign collective administration organization, all assets are distributed proportionally 50% to Lithuanian performers and 50% to Lithuanian phonogram producers and Lithuanian phonogram producers, who are the representatives of foreign phonogram producers.
29. Lithuanian phonogram producers, who are the representatives of foreign phonogram producers, must annually submit the documents confirming their representation of foreign phonogram producers and other necessary related documents (exact names, trademarks of their own and their divisions, etc.) for the last year till January 31.
30. If there exists a direct agreement with a foreign performer or a phonogram producer regarding collective administration of their rights, collected funds shall be allocated in accordance with general AGATA rules of distribution of remuneration to performers and phonogram producers, unless the agreement with such foreign performer or phonogram producer provides differently.
_____________________________
APPENDIX No 1
APPROVED BY
Lithuanian Neighboring Rights Association (AGATA) Conference held on 15 April 2008
ON DISTRIBUTION OF REMUNERATION TO PERFORMERS BY THEIR ROLE PLAYED IN THE RECORD
The amount of remuneration to be allocated shall be determined with respect to each performer role upon submission of the filled-in form of AGATA (Declaration of Phonogram) and a unilateral contract or an agreement proving the role of such performer/s played in a specific record:
1. Solo – record performer is single:
100 % – to the performer.
2. A group and the soloist/s – a group and the soloist/s performing in the record the main vocal part/s and the main instrumental part if a piece is instrumental:
70% – in equal shares to all participants;
30% – additionally to the soloist (or to several soloists in equal shares).
3. Collectives: An orchestra, the conductor, and the soloist/s; a choir, the conductor/s, and the soloist/s:
3.1 Distribution on the basis of individual participation, i.e. if all members of the collective are indicated in the record:
70 % – in equal shares to all participants in the record;
30 % – additionally to the conductor/s and the soloist/s in equal shares.
3.2 Distribution on the basis of collective participation, i.e. if there is no indication of all members of the collective/s in the record and the collective/s is/are the member/s of AGATA on the basis of the agreement of collective membership:
70 % – to the performer. In case there are more than one collective, then in equal shares to all collectives;
30 % – to the conductor/s and the soloist/s in equal shares.
APPENDIX No 2
APPROVED BY
Lithuanian Neighboring Rights Association (AGATA) Conference held on 15 April 2008
PROCEDURE FOR DISTRIBUTION OF REMUNERATION TO PERFORMERS AND PHONOGRAM PRODUCERS FOR THE CABLE RETRANSMISSION OF PHONOGRAMS AND PERFORMANCES
Definitions
Performer means an actor, singer, musician, dancer, or another person, who plays in, sings, reads, recites, or otherwise performs literary, artistic, folkloric works, or circus acts as well as the leader and the conductor of an orchestra, ensemble, or a choir.
Phonogram means the fixation of the sounds of a performance, or of other sounds, or of the representation of sounds, by technical devices in any material sound-recording medium.
Producer of a phonogram means a natural or legal person on the initiative and responsibility of which the first fixation of the sounds of a performance or other sounds, or the representation of sounds is made.
Cable retransmission means simultaneous, unaltered and unabridged retransmission by a cable or microwave system for reception by the public of an initial transmission, by wire or over the air, including that by satellite, of radio and (or) television programs intended for reception by the public.
Operator of the cable retransmission means a natural or legal person, which makes use of cable or microwave facilities, and integrated reception networks, when signals of television and radio broadcast stations are distributed to more than 40 apartments (households).
Program means a totality of audio and visual pieces separate and independent by their contents, structure, and broadcasting time (editions, films, commercials, announcements, broadcasting of various events) transmitted to the public whatever technical means are used.
Rules mean Rules for Distribution of Remuneration to Performers and Phonogram producers.
Broadcasting Organization means a legal person the main activity of which is the preparation and transmission of radio and (or) television programs, as well as a cable retransmission operator preparing and transmitting its own broadcasts and programs.
Distribution of Remuneration to Performers and Phonogram Producers for the Cable Retransmission of Phonograms and Records of Performances
1. Remuneration to performers and phonogram producers for the cable retransmission of phonograms and records of performances is the remuneration paid by operators of the cable retransmission for a right to retransmit phonograms and records of performances.
2. The amount of remuneration for retransmission shall be divided in proportion to the number of subscribers of each TV program retransmitted by the operator of cable TV.
3. Remuneration for retransmission of TV programs shall be allocated according to information furnished by broadcasting organizations (televisions) on use of phonograms and records of performances.
4. 2% of the collected amount of remuneration after deducting the administrative costs shall be kept in the reserve to satisfy legally grounded claims of performers and phonogram producers represented by AGATA for non-received remuneration, which has not been allocated to them due to some mistake or inaccuracy in AGATA information database. The sum of the each year’s reserve shall be kept for three years. If after this period the said sum is not paid, it shall be added to the sum of the current year allocated for appropriation.
5. Remuneration to foreign phonogram producers and performers shall be paid under directly signed agreements as well as under agreements signed with foreign organizations of collective administrations in accordance with paragraphs 27 and 28 of Rules as well as under representation agreements in accordance with paragraph 29 of Rules.
APPENDIX No 3
EDITION APPROVED BY
Lithuanian Neighboring Rights Association (AGATA) Conference held on 7 April 2009
PROCEDURE FOR DISTRIBUTION OF REMUNERATION FOR REPRODUCTION OF AUDIOVISUAL WORKS AND WORKS RECORDED IN PHONOGRAMS FOR PERSONAL NEEDS
I. GENERAL PROVISIONS
1. Remuneration for reproduction of audiovisual works and works recorded in phonograms for personal needs (hereinafter – remuneration) shall be allocated pursuant to the Law of the Republic of Lithuania on Copyright and Related Rights and Procedure for Distribution and Payment of Remuneration for Reproduction of Audiovisual Works and Works Recorded in Phonograms for Personal Needs approved by the resolution of the Government of the Republic of Lithuania as well as following results of researches of reproduction of audiovisual works and works recorded in phonograms for personal needs conducted by the association of collective administration assigned by the Ministry of Culture and following the present Procedure for Distribution of Remuneration for Reproduction of Audiovisual Works and Works Recorded in Phonograms for Personal Needs (hereinafter – the Procedure).
2. Definitions as used herein:
Reproduction means direct or indirect, temporary or permanent making by any means and in any form, including an electronic form, of a copy (copies) of a work, an object of related rights or sui generis rights (in whole or in part).
Performer means an actor, singer, musician, dancer, or another person, who plays in, sings, reads, recites, or otherwise performs literary, artistic, folkloric works, or circus acts as well as the leader and the conductor of an orchestra, ensemble, or a choir.
Responsible association means the association of collective administration assigned by the Ministry of Culture.
Producer of an audiovisual work means a natural or legal person on the initiative and responsibility of which an audiovisual work is being made.
Audiovisual work means a cinematographic work or any other work created by means of cinematography, consisting of a series of related images, which impart an impression of motion, whether or not accompanied by sound, and recorded (fixed) in an audiovisual recording medium.
Phonogram means the fixation of the sounds of a performance, or of other sounds, or of the representation of sounds, by technical devices in any material sound-recording medium.
Producer of a phonogram means a natural or legal person on the initiative and responsibility of which the first fixation of the sounds of a performance or other sounds, or the representation of sounds is made.
Successors mean persons, who inherit a right to remuneration for reproduction of audiovisual works and works recorded in phonograms for personal needs.
3. All Lithuanian and foreign performers and producers of phonograms/audiovisual works represented by AGATA as well as their successors shall be entitled to allocated remuneration.
4. Remuneration shall be allocated and paid for the past year, once from September 1 to October 1. Remuneration to foreign performers and producers of phonograms/audiovisual works shall be allocated once per year and paid not later than within three months after respective distribution unless agreements with foreign organizations of collective administration provide otherwise.
II. DISTRIBUTION OF REMUNERATION FOR REPRODUCTION OF WORKS RECORDED IN PHONOGRAMS FOR PERSONAL NEEDS
5. The amount of remuneration to be allocated to performers and phonogram producers is equal to remuneration received by the responsible association for reproduction of works recorded in phonograms for personal needs, less sums required for AGATA to cover administrative costs and less sums established by the Conference and designed to programs of creative activities (not exceeding 25%).
6. Remuneration to performers and phonogram producers not represented by AGATA shall be kept in accordance with paragraph 9 of Rules for Distribution of Remuneration to Performers and Phonogram Producers (hereinafter – Rules). It shall be allocated and paid to performers and phonogram producers that have entered into membership agreements with AGATA in the same order as to members of AGATA.
7. 1% of the collected amount of remuneration after deducting the administrative costs shall be kept in the reserve to satisfy legally grounded claims of performers and phonogram producers represented by AGATA for non-received remuneration, which has not been allocated to them due to some mistake or inaccuracy in AGATA information database. The sum of the each year’s reserve shall be kept for three years. If after this period the said sum is not paid, it shall be added to the sum of the current year allocated for appropriation.
8. 10 percent of remuneration remaining after deducing administrative costs and one percent to the reserve shall be transferred to the reserve intended for future payments to foreign performers and phonogram producers. The sum of the each year’s reserve shall be kept for three years. If after this period the said sum is not paid, it shall be added to the sum of the current year allocated for appropriation. Remuneration to foreign phonogram producers and performers shall be paid under directly signed agreements as well as under agreements signed with foreign organizations of collective administrations in accordance with paragraphs 27 and 28 of Rules as well as under representation agreements in accordance with paragraph 29 of Rules.
9. Remuneration remaining after deduction of administrative costs and sums transferred to the reserves specified in paragraphs 7 and 8 of Procedure shall be allocated as follows: 50% to performers and 50% to phonogram producers.
10. Remuneration shall be allocated in proportion to distribution of sums received from Lithuanian radio stations.
III. DISTRIBUTION OF REMUNERATION TO PERFORMERS AND PRODUCERS OF AUDIOVISUAL WORKS FOR REPRODUCTION OF AUDIOVISUAL WORKS FOR PERSONAL NEEDS
11. The amount of remuneration to be allocated to performers and producers of audiovisual works is equal to remuneration received by the responsible association for reproduction of audiovisual works for personal needs, less sums required for AGATA to cover administrative costs and less sums established by the Conference and designed to programs of creative activities (not exceeding 25%).
12. Remuneration to performers and producers of audiovisual works not represented by AGATA shall be kept in accordance with paragraph 9 of Rules. It shall be paid to producers of audiovisual works that have entered into agreements on collective administration with AGATA and to performers, who have entered into membership agreements with AGATA, in accordance with paragraph 8 of Rules.
13. Producers of audiovisual works must register with AGATA all their produced audiovisual works. Audiovisual works are registered by filling in the passport of an audiovisual work. A producer of an audiovisual work, which has registered an audiovisual work, shall bear liability for submitted information.
14. One percent of the collected amount of remuneration after deducting the administrative costs shall be kept in the reserve to satisfy legally grounded claims of performers and producers of audiovisual works represented by AGATA for non-received remuneration, which has not been allocated to them due to some mistake or inaccuracy in AGATA information database. The sum of the each year’s reserve shall be kept for three years. If after this period the said sum is not paid, it shall be added to the sum of the current year allocated for appropriation.
15. 10 % of remuneration remaining after deducing administrative costs and one percent to the reserve shall be transferred to the reserve intended for future payments to foreign performers and producers of audiovisual works. The sum of the each year’s reserve shall be kept for three years. If after this period the said sum is not paid, it shall be added to the sum of the current year allocated for appropriation. Remuneration to foreign producers of audiovisual works and performers shall be paid under directly signed agreements as well as under agreements signed with foreign organizations of collective administrations in accordance with paragraphs 27 and 28 of Rules as well as under representation agreements in accordance with paragraph 29 of Rules.
16. Remuneration remaining after deduction of administrative costs and sums transferred to the reserves specified in paragraphs 14 and 15 of Procedure shall be allocated as following:
16.1. 70% of remuneration shall be allocated in proportion to the number of transmissions of each audiovisual work through main televisions of Lithuania;
16.2. 30% of remuneration shall be allocated in proportion to the number of distributed copies of each audiovisual work.
17. Remuneration of producer/s and performers of an audiovisual work shall be calculated as follows:
17.1. duration (in minutes) of an audiovisual work broadcasted through main televisions of Lithuania multiplied by the price of one minute (the price of a minute is calculated by dividing remuneration specified in subparagraph 16.1 by the sum of minutes of all audiovisual works broadcasted in the past year);
17.2. duration (in minutes) of an audiovisual work, copies of which were distributed in the past year, multiplied by the number of the distributed audiovisual works and by the price of one minute (the price of a minute is calculated by dividing remuneration specified in subparagraph 16.2 by the sum of minutes of all audiovisual works broadcasted in the past year);
17.3. 50% of the calculated sum of remuneration for a specific audiovisual work shall be allocated to the producer/s and 50% to the performers.
18. Remuneration due to performers shall be additionally calculated by their role plaid in a specific audiovisual work. Such role is to be indicated by the producer of the audiovisual work in its passport. The following additional percentage for calculation of remuneration shall be applied by three groups of roles: leads – 55%, under parts – 35%, other roles – 10%.
19. Following to agreements signed with AGATA and official data of distributors of audiovisual works, producers of audiovisual works and/or organizations representing them must furnish information on the number of distributed copies of their audiovisual works. Data providers shall be liable for completeness and correctness of these data. In case of failure to provide such data by May 1 of the current year, whole remuneration shall be allocated in accordance with subparagraphs 16.1 and 17.1 of Procedure.
20. Should there be more than one producer of an audiovisual work, remuneration to producers of such work shall be allocated in equal parts unless their agreement provides differently. Documents supporting agreement of producers of the audiovisual work must be submitted by the producer, which registers the audiovisual work.
