Copyright Questionnaire 2017
31 Are licences administered by performing rights societies?
The legal terms used under the CNRA are ‘collective management’ and ‘collective management organisations’.
Collective management is possible both for copyright and neighbouring rights. Collective management organisations are registered with the Ministry of Culture.
Authors and holders of neighbouring rights are free to form collective management organisations. A collective management organisation may generally negotiate and conclude agreements with users and collect the compensation for its members.
In certain cases, the collective management of copyright or neighbouring rights may be mandatory by law; that is, individual management is excluded (eg, in certain situations of transmission over an electronic communication network, etc). In those cases, collective management organisations may also act on behalf of authors (and other neighbouring right holders) who are not their members.
32 Is there any provision for the termination of transfers of rights?
If a contract granting exclusive rights does not specify a deadline by which the user should start the use of the work, the author may rescind the contract if the use has not started within two years as of its conclusion, or as of the date of delivery of the work if it occurs after the conclusion of the contract.
In the case of publishing contracts and unless agreed otherwise, the author may unilaterally terminate the contract by a written notification when it is concluded for more than one publication and the total print of the last publication is sold out and within one year the publisher fails to reproduce and distribute the next publication, provided that within the same term the author requests the publisher to do so.
In the case of contracts for public presentation, the author may terminate the contract if the user suspends the public presentation of the work for a period longer than one year.
33 Can documents evidencing transfers and other transactions be recorded with a government agency?