Tariff
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On the basis of the article 163 of the Copyright and Related Rights Act ("Official Paper of Serbia and Montenegro" no.61/04), Managing Board of Sokoj - Organization for Protection of Music Author's Rights has made
TARIFF
of remuneration collected by Sokoj - Organization for Protection of Music Author's Rights
Article 1.
This tariff contains the amounts of remuneration which Sokoj collects from users for each type of use of music works from the repertoire of Sokoj.
Repertoire of Sokoj (hereinafter: the repertoire) consists of music works:
1) by domestic authors and right holders, members of Sokoj, who have by contract renounced their rights to Sokoj, on the basis of the article 150 of the Copyright and Related Rights Act;
2) by domestic authors and right holders, members of Sokoj, whose rights are protected by Sokoj, on the basis of the article 167 of the Copyright and Related Rights Act;
3) by foreign authors and right holders, whose rights are protected by Sokoj, on the basis of the article 171 of the Copyright and Related Rights Act;
Article 2.
For use of repertoire user is obliged to:
- obtain license from Sokoj by concluding contract about non-exclusive renouncing right to use music repertoire;
- deliver all relevant data for determining the amount of remuneration established for each type of use in corresponding tariff class, i.e. tariff number;
- deliver data about used music works containing full title of music work, name of author and co-author, as well as the length of performance and
- pay remuneration fixed for each type of use in appropriate tariff class, i.e. tariff number.
Article 3.
The use of repertoire without license from Sokoj, is considered unauthorized and is economic offence and violation from the article 187 and 188 of the Copyright and Related Rights Act, i.e. criminal act from article 199 of the Criminal Code.
Each use of repertoire binds user to pay author's remuneration and to fulfill other obligations foreseen by the law and this tariff, regardless of the fact whether he has concluded contract with Sokoj or not.
Article 4.
User is obliged to report to Sokoj each use of music, in written form, through regular or electronic mail or by use of the form on Sokoj's web site, within the period of 15 days from the beginning of use.
If user does not report the use within foreseen time limit, authorized representative of Sokoj will establish a use as well as relevant elements for settlement of remuneration.
Authorized representative of Sokoj is obliged to make out an appropriate report about that.
Article 5.
Remunerations for use of music works from the repertoire are determined depending on the mode of use of music works and that is:
- by application of corresponding percentage from income which user realizes by carrying out activity within which or in connection with which he uses music works;
- by application of corresponding percentage from costs which are indispensable for carrying out activity within which or in connection with which he uses music works, if he does not realize income;
- by applying flat rate and
- by applying minimal remuneration.
Mode of settlement and amount of remuneration for each type of use of music works is established and stated precisely in corresponding tariff class and tariff number.
Article 6.
User is obliged to deliver to Sokoj information about total income/costs and all other relevant information for establishing ground for settlement of remuneration, until the 15th day of the month for the previous month, i.e. within 15 days from the day when manifestation was held;
Relevant information for settlement are stated precisely for each type of use in corresponding tariff class, i.e. tariff number;
Article 7.
In case when user does not deliver relevant information for establishing ground for settlement of remuneration within foreseen time limit, Sokoj will fix remuneration as an advance payment, and in accordance with amount fixed and charged to other user, whose type of use, economic capacity and other relevant criteria, are comparable.
If it has to do with the user i.e. the use which is not comparable, remuneration will be fixed as flat rate according to the information in possession of Sokoj.
Article 8.
Users for which remuneration is fixed as proportional amount from total income, i.e. costs, are obliged to deliver to Sokoj copy of certified Balance sheet from final financial statement, at the latest until March 15 of the current year for the previous year.
User is obliged to enclose relevant financial and other documentation from which the ground for settlement of remuneration may be reliably established.
Final settlement of remuneration for one business year, Sokoj will perform on the basis of user's yearly account and financial and other documentation.
Article 9.
Minimal remuneration is the lowest amount of remuneration for use of repertoire.
Article 10.
Amounts of flat rate, minimal remuneration and advance payments are expressed in points.
Value of one point is RSD 9,00.
Amounts in the tariff are expressed excluding VAT.
Article 11.
User is obliged to pay remuneration within 8 days from the receipt of the invoice.
Article 12.
Joint and several liability for payment of remuneration, depending on the type of use:
- owner, holder, renter of the premises where music works are used and organizer;
- service providers (owners of interactive networks - mobile networks, internet providers, etc.) and content providers, i.e. persons who make music content accessible to the public and who can influence them.
Article 13.
Sokoj is entitled to a claim of remuneration for three years back.
Article 14.
According to the type of use of music works from the repertoire, by this tariff are established following tariff classes:
Tariff class 1.
PERFORMANCE AND PRESENTATION OF MUSIC WORKS
Tariff number 1.
CONCERTS, GATHERINGS, MUSIC FESTIVALS AND OTHER MUSIC MANIFESTATIONS
I User is obliged to report to Sokoj holding of music manifestation, in advance, at the latest seven days before holding of this music manifestation, and the report should contain:
- date, time and place of holding the manifestation;
- capacity of the theatre, i.e. the space in which manifestation is held;
- information about the organizer (full name of legal, i.e. physical person, main office, Tax Identification Number, home number and checking account number);
- information about owner of the theatre (full name of legal, i.e. physical person, main office, Tax Identification Number, home number and checking account number);
- number of printed tickets.
User is obliged to deliver to Sokoj, within 15 days from holding the manifestation, following information:
- certified and signed report containing the information about the total number of sold tickets, ticket costs (excluding VAT), as well as the information about the number of free and unsold tickets and
- report about income collected from donation, sponsorships and so on.
If the user does not realize profit, he is obliged to report total costs of holding the manifestation.
User is obliged to deliver a list of performed works within 15 days from holding the manifestation. The list of performed works must contain titles of the performed works, names of authors and coauthors and duration of the performance, for each concert, i.e. music manifestation separately.
Remuneration is paid per held concert, i.e. music manifestation.
II Ground for settlement of remuneration is established:
- in relation to total income which user realizes from all bases - income from concert tickets, sponsorship and/or from providing any of the services which are in function of the organization of manifestation, etc. or
- in relation to total costs of organization of the concert (performer's fees, costs of putting up stage/platform, costs of lighting and sound effects???, costs of lodging of performers and all other costs necessary for organization of manifestation), if there is no income,
and that is as follows:
| Number of visitors | Percentage |
| up to 1.000. | 8% |
| from 1.001 to 3.000 | 7% |
| from 3.001 to 5.000 | 6% |
| from 5.001 to 15.000 | 5% |
| from 15.001 to 30.000 | 4% |
| over 30.000 | 3% |
III If income is not realized and costs can not be established, remuneration is fixed as flat rate, 1,00 point per visitor, calculating possible capacity of the theatre, i.e. calculating 2 visitors per 1m² of space, if manifestation is organized outdoors.
Minimal remuneration for this type of use of music works is:
- 300 points for concerts with a free entrance
- 500 points for concerts with paid tickets.
IV If user does not report concert in a way and within time limits foreseen by this tariff, Sokoj will calculate remuneration by applying maximal foreseen percent of 8%, total capacity of theatre, i.e. of the space and established average ticket price.
Tariff number 2.
MUSICAL AND STAGE PERFORMANCES
1. Ballet, opera, operetta, musical, etc.
User is obliged to deliver a report containing information about number of organized performances, number of sold tickets and ticket costs, within 15 days from the day of the performance, that is until the 15th day of the month for the previous month.
Ground for settlement of remuneration is established in accordance with the number of sold tickets and ticket costs and in the level of 4%.
User is obliged to deliver information about performed music works within the performance, with names of authors and total duration of the performance, within 15 days from the day of the performance, that is until the 15th day of the month for the previous month.
Sokoj realizes remuneration for use of music works on this ground in cases when it is about the use of non-ordered music for which remuneration was not paid to authors.
2. Theatrical performances
User is obliged to deliver the report which contains information about number of held performances, number of sold tickets and ticket costs, within 15 days from the day of the performance, that is until the 15th day of the month for the previous month.
Ground for settlement of remuneration is established in accordance with the number of sold tickets and ticket costs and in the level of 2%.
User is obliged to deliver information about performed music works within the performance, with names of authors and total duration of the performance, within 15 days from the day of the performance, that is until the 15th day of the month for the previous month.
Sokoj realizes remuneration for use of music works on this ground in cases when it is about the use of non-ordered music for which remuneration was not paid to authors.
Tariff number 3.
MUSICAL AND ENTERTAINING PERFORMANCES
MUSICAL AND ENTERTAINING PERFORMANCES
1. Musical and dancing competitions, reviews on ice, circus and artistic performances, etc.
User is obliged to deliver report which contains information about number of sold tickets and ticket costs, i.e. about costs of realization of the performance, within 15 days from the day of the performance.
User is obliged to deliver the list of performed works within 15 days from the day of the performance.
Ground for settlement of remuneration is established in accordance with the number of sold tickets and ticket costs, i.e. in accordance with the costs, and in the level of 4%.
If the user does not deliver information about total realized income, i.e. costs, within the foreseen period of time, or if income, i.e. costs, can not be positively established, remuneration is being calculated in the amount of 2 points per possible visitor.
Tariff number 4.
ENTERTAINING PERFORMANCES
1. Weddings, promotions, celebrations, fashion shows, etc.
Remuneration is paid per performance and is calculated according to the capacity of the structure - number of chairs/visitors and that is:
| Number of chairs/visitors | Number of points |
| up to 50 | 300 |
| from 51 to 100 | 500 |
| from 101 to 200 | 800 |
| from 201 to 300 | 1.000 |
| from 301 to 500 | 1.500 |
| over 500, for each 50 | po 50 |
If in hotels and restaurants entertaining performances are held regularly, remuneration may be fixed by the contract on the monthly level, in the quantity of 2 performances per month and according to the capacity of the structure - number of chairs/visitors.
For organization of entertaining performances in discotheques, clubs, rafts and similar restaurants, remuneration is paid as 10 points per visitor, calculating 1 visitor per 1m².
Remuneration for use of music works at promotions, celebrations, fashion shows and similar manifestations may also be established according to income in the level of 6% of realized income.
2. Prom nights
Remuneration is paid per performance and is calculated in the level of 6% of income realized through sale of tickets, consumptions, etc, that is in the amount of 20 points per chair/visitor.
User is obliged to deliver the list of performed works within 15 days from the day when performance was held.
3. New Year's Eve Party (31.12/1.1 and 13.1/14/1)
Remuneration is paid per performance and is calculated as follows:
- for organization of New Year's Eve Party in discoteques, clubs, rafts and other similar structures, remuneration is paid as 20 points per visitor, calculating 1 visitor per 1m².
- for organization of New Year's Eve Party in restaurants and other similar structures in the amount of 6% of income realized through sale of tickets, consumptions, etc, that is in the amount of 30 points per chair, calculating number of available seats (full capacity), in case that tickets are not being sold;
- for organization of New Year's Eve Party in the open air (city squares, etc.) remuneration is paid as 1 point per visitor, calculating 3 visitors per 1m².
User is obliged to deliver the list of performed works within 15 days from the day when performance was held.
Tariff number 5.
PUBLIC MANIFESTATIONS
1. Meetings, festivals, outdoor parties, sport events, public meetings, etc.
Remuneration is paid per manifestation, and is being calculated according to the number of visitors and it amounts to:
| Number of visitors | Number of points |
| up to 5.000 | 1.000 |
| from 5.001 to 10.000 | 2.000 |
| from 10.001 to 30.000 | 3.000 |
| over 30.001 | 5.000 |
User is obliged to deliver the list of performed works within15 days from the day when manifestation was held.
Tariff number 6.
HOTELS, RESTAURANTS, ETC.
1. Discoteques, clubs, bars, rafts, etc.
Remuneration is paid monthly and is being calculated in accordance with the space of the premises, without auxiliary premises.
| Space of the premises in m² (without auxiliary premises) |
Up to 16 days per month (number of points) |
Over 16 days per month (number of points) |
| up to 50 m² | 700 | 1.000 |
| from 51 to 100 m² | 1.000 | 1.300 |
| from 101 to 150 m² | 1.300 | 1.800 |
|
for each started 50 m²
|
300 | 350 |
If individual music manifestations are organized, remuneration is paid per tariff class 1, tariff number 1.
If individual parties are organized (weddings, prom nights, New Year's Eves, promotions, celebrations, etc.), remuneration is paid per tariff class 1, tariff number 4 of this Tariff.
User is obliged to deliver the list of used works until the15th day of the month for the previous month.
2. Restaurants, bars, coffee shops, etc.
Remuneration is paid monthly and is being calculated according to the capacity, number of chairs/visitors, calculating available number of chairs, that is full capacity, and that is:
1. for performances up to 10 days per month - 6 points per chair/visitor
2. for performances over 10 days per month - 8 points per chair/visitor.
User is obliged to deliver the list of performed works until the15th day of the month for the previous month.
If, in addition to live performance are used devices for reproduction of music, remuneration is increased for 2 points per chair/visitor.
If individual parties (weddings, prom nights, New Year's Eves, promotions, celebrations, etc.) are being organized, remuneration is paid per tariff class 1, tariff number 4 of this Tariff.
TARIFF CLASS 2.
TRANSMISSION OF PERFORMANCE
Tariff number 1.
TRANSMISSION OF PERFORMANCE FROM CONCERT, MUSIC FESTIVAL OR MUSIC-STAGE SHOW
User is obliged to deliver the report containing information about the number of sold tickets and ticket costs, i.e. about the costs of realization of manifestation, within 15 days from the day when manifestation was held.
The basis for calculation of remuneration is established according to the number of sold tickets and ticket costs, i.e. in relation to the costs of realization of manifestation and in the amount of 3%.
Remuneration is paid after manifestation is held.
If the user does not deliver information about total realized income, i.e. costs, within foreseen time limit, or if income, i.e. costs, may not be incontestably established, remuneration is calculated in the amount of 3 points per possible visitor.
Tariff number 2.
TRANSMISSION OF PERFORMANCE FROM MUSIC-ENTERTAINMENT, ENTERTAINMENT SHOW OR FROM A RESTAURANT
User is obliged to deliver report containing information about the number of sold tickets and ticket costs, i.e. about the costs of realization of manifestation, within 15 days from the day when manifestation was held.
The basis for calculation of remuneration is established according to the number of sold tickets and ticket costs, i.e. in relation to the costs of realization of manifestation and in the amount of 2%.
Remuneration is paid after manifestation is held.
If the user does not deliver information about total realized income, i.e. costs, within foreseen time limit, or if income, i.e. costs, may not be incontestably established, remuneration is calculated in the amount of 1 point per possible visitor.
TARIFF CLASS 3.
PUBLIC COMMUNICATION OF MUSIC WORKS
PUBLIC COMMUNICATION OF MUSIC WORKS FROM CARRIERS OF SOUND OR IMAGE AND/OR OF THE BROADCASTED WORKS
Tariff number 1.
MUSIC-ENTERTAINMENT, ENTERTAINMENT SHOWS AND PUBLIC MANIFESTATIONS
Remuneration is paid after the show is held, i.e. the manifestation, per tariff class 1, tariff number 3,4 and 5 of this Tariff.
Tariff number 2.
HOTELS, RESTAURANTS, ETC.
1. Hotels, rest homes, mountain climber's houses and other lodging premises
in which are offered hotel keeping services on commercial ground
in which are offered hotel keeping services on commercial ground
Remuneration is paid monthly, for use of music
| Type of use | Categorization - up to 3 asterisks (number of points) |
Categorization - 4 and more asterisks (number of points) |
|
Central loudspeaker in lobbies and common premises
|
250 | 350 |
| Per loudspeaker in lobbies and common premises |
70 | 100 |
| Per reproduction device | 20 | 30 |
User is obliged to deliver, until the15th day of the month for the previous month, report about the number of used/rented out rooms during the month. If the user does not deliver the report within the foreseen time limit, remuneration will be calculated according to the total number of rooms.
Remuneration for performance, i.e. communication to the public of music works in restaurants, clubs, bars, discoteques and similar facilities as a part of hotel capacities, as well as in hairdressers', beauty parlors, shops, etc., is paid in the amount and in the mode foreseen by adequate tariff class, i.e. number.
2. Discoteques, clubs, bars, rafts, etc.
Remuneration is paid monthly according to the tariff class 1, tariff number 6, item 1.
3. Restaurants, bars, coffee shops, etc.
Remuneration is paid monthly and is being calculated according to the capacity, number of chairs/visitors, and that is:
| Number of chairs/visitors | Number of points per chair/visitor |
| up to 30 | 10 |
| from 31 to 60 | 8 |
| from 61 to 100 | 6 |
| over 100 | 4 |
4. Other hotels and restaurants
(fast food stands, hamburger and similar facilities which do not have a part for placement of guests)
Remuneration is paid monthly, in the amount of 60 points.
Tariff number 3.
OTHER USERS
1. Theatres and movie theatres
Remuneration is paid monthly, for use of music before the beginning of the show, during intermission and at the end of the show in the amount of
1) for central loudspeaker system 200 points;
2) per one loudspeaker 20 points.
2. Recreation centers
(swimming pools, bathing beaches, skating rinks, etc.)
Remuneration is paid monthly and that is:
1) for central loudspeaker system 300 points;
2) per one loudspeaker 20 points;
3) per music reproduction device 200 points.
3. Recreation halls - fitness clubs, aerobic, joga, pilates space, etc.
Remuneration is paid monthly, in the amount of 200 points.
4. Dance schools
Remuneration is paid monthly, in the amount of 5 points per student, and according to the number of enrolled students during a month.
5. Stadium, sport halls, etc.
Remuneration is paid per held sport event for use of music before the beginning, during intermission or after sport event and that is:
1) up to 10.000 seats in the amount of 300 points;
2) from 10.000 to 30.000 seats in the amount of 400 points;
3) over 30.000 seats in the amount of 500 points.
6. Stores
(boutiques, shops, shopping centers, department stores, supermarkets, etc.)
Remuneration is paid monthly and that is:
1) for central loudspeaker system 200 points;
2) per one loudspeaker 10 points;
3) per music reproduction device 50 points.
Within the shopping center with central loudspeaker system, remuneration is also paid by each user who uses in his premises music reproduction device, as well as in case when he uses central loudspeaker.
7. Craftsmen's shop
(ladies' hairdresser and barber shops, beauty parlor, pedicure shops, massage centers, etc.)
Remuneration is paid monthly in the amount of 60 points.
8. Fairs
Remuneration is paid in the amount of:
- 400 points per day, for use at the space up to 5.000 m²
- 800 points per day, for use at the space over 5.000 m².
9. Libraries, galleries, museums and other exhibit halls
Remuneration is paid monthly in the amount of 100 points.
10. Means of transportation
Remuneration is paid monthly and that is:
1) in a bus 50 points;
2) on a plane 100 points;
3) on a train (per railroad car with loudspeaker) 100 points;
4) on a ship 100 points.
11. Amusement parks
Remuneration is paid daily in the amount of 100 points.
12. Public spaces
(waiting rooms, parking lots, railroad, bus and metro stations,
public garages, piers, airports, elevators, etc.)
public garages, piers, airports, elevators, etc.)
Remuneration is paid monthly and that is for central loudspeaker system 200 points
and per one loudspeaker unit 20 points, i.e. in the amount of 1 point per 1 m² of the space.
13. Other users
(video clubs, CD clubs, newsstands, branches of banks, posts, etc., internet cafes,
betting places, poolrooms, gambling houses and similar public spaces)
betting places, poolrooms, gambling houses and similar public spaces)
Remuneration is paid monthly in the amount of 100 points.
14. Installations for audiovisual advertising
Remuneration is paid per installation in the amount of 50 points.
TARIFF CLASS 4.
PUBLIC COMMUNICATION OF MUSIC WORKS INCLUDING INTERNET
Internet includes enabling end user to have access to the music work in chosen manner, in chosen scope and at the chosen time.
Access to a music work means:
- listening - transmission during broadcast or at the request of an individual, without possibility of keeping/recording the work (recording on the hard disc, mobile phone, etc.) and/or
- recording of the selected music work on the adequate permanent sound carrier.
Joint debtors when it comes to the payment of remuneration and fulfillment of other obligations fixed by the law and this Tariff are:
- service providers (owners of internet and mobile networks, internet providers, etc.)
- content providers, i.e. persons who make music content accessible to the public and who may affect them.
For each type of making music work available to the public via internet or for new type of use which is not included in this tariff, Sokoj will issue special licenses, in accordance with the Copyright and Related Rights Act.
Tariff number 1.
STREAMING
without possibility of retaining / recording of music work
1. Streaming - WEB RADIO, WEB SIMULCASTING, etc.
Remuneration is paid monthly in the amount of 8% from the total income which includes also the income from advertising, sponsorships, donations, compensations, etc.
User is obliged to deliver to Sokoj, once a month, until the15th day of the month, report about income achieved in the previous month.
User is obliged to deliver to Sokoj, once a month, until the15th day of the month,
a list of used music works, containing names of authors, co-authors and performers and duration of performance.
If a user does not realize commercial income, remuneration is calculated by average number of visitors who access the website during one month, in the amount of 2 points per visitor.
Minimal remuneration for this type of use of music works is 600 points per month.
2. Streaming on demand
Remuneration is paid monthly in the amount of 10% from the total realized income, meaning the number of realized requests during one month and the cost paid per request by end user, reduced for the amount of VAT - and / or the income from advertising, sponsorships, donations, compensations, etc.
User is obliged to deliver to Sokoj, once a month, until the15th day of the month, report about income realized in the previous month which contains a list of offered music works, number of realized requests for each work and the cost and/or data about income from advertising, sponsorships, donations, compensations, etc.
If a user does not realize commercial income, remuneration is calculated by average number of visitors who access the website during one month, in the amount of 3 points per visitor.
Minimal remuneration for this type of use of music works is 700 points per month.
3. Background music
Remuneration is paid monthly and is being calculated in the amount of:
- for physical persons 200 points
- for legal persons 500 points.
User is obliged to deliver to Sokoj, once a month, until the15th day of the month,
a list of used music works, containing names of authors, co-authors and performers and duration of performance.
Tariff number 2.
Access to the music work via internet with the possibility of recording -
retaining the work on the sound carrier (mobile phone, hard disc, etc.)
retaining the work on the sound carrier (mobile phone, hard disc, etc.)
Remuneration is paid monthly in the amount of 12% from the total realized income.
Total realized income means number of realized requests during one month and the cost paid by end user per request, reduced for the amount of VAT.
User is obliged to deliver to Sokoj, once a month, until the15th day of the month, report about income realized in the previous month.
User is obliged to deliver to Sokoj, once a month, until the15th day of the month for the previous month, information about music works which he offers (title of the work, name of author as well as the name of the performer), with correct number of realized requests for each work separately.
Minimal remuneration for this type of use of music works is 1,00 point per ring tone, i.e. per download.
TARIFF CLASS 5.
BROADCASTING OF MUSIC WORKS
Tariff number 1.
BROADCASTING OF MUSIC WORKS
1. INSTITUTIONS OF PUBLIC BROADCASTING SERVICE
I User is obliged to obtain license for broadcasting music repertoire by concluding a contract about nonexclusive cession of right of broadcasting. License for broadcasting of music repertoire does not include license for broadcasting via internet.
User is obliged to deliver to Sokoj data about income, with separated basis of acquisition and that is until the15th day of the month for the previous month, as well as to deliver the copy of certified Balance sheet from final financial statement, at the latest until March 15 of the current year for the previous year.
In addition to Balance sheet, user is also obliged to submit relevant financial and other documentation from which may undisputedly be established the basis for calculation of remuneration.
On the basis of the data from the Balance sheet for previous business year, may be fixed advance payment for current year which is being calculated till the final settlement, what will the user and Sokoj establish through the contract.
Final settlement of remuneration for one business year Sokoj will perform on the basis of user's annual settlement and financial and other documentation.
If the user does not separate grounds for acquisition, remuneration is being calculated in the amount of 60% from subscription, i.e. from income realized through interventions of state agencies and 40% from the income from marketing and other commercial income.
II User is obliged to deliver the list of broadcasted music works in the form determined by Sokoj, until the15th day of the month for the previous month.
If the same user broadcasts both via radio and television, remuneration is calculated, on the basis of fixed percentages for radio and television separately, through average rate.
III Basis for calculation of remuneration is fixed in relation to the income realized from subscription, i.e. from subsidies, subventions and/or other income realized through interventions of state agencies, and which are intended for financing of the radio broadcasting activity , as well as in relation to the commercial income realized from marketing services within radio activity.
Remuneration is fixed in relation to the income, and the percentage is established as a relation of the quantity of music repertoire in the total duration of the program.
RADIO STATIONS
| Quantity of music repertoire |
% of income from subscription/ income realized through interventions of state agencies
for radio broadcasting
|
% of income from marketing |
| up to 30% | 1,50% | 1,00% |
| from 30% to 60% | 2,00% | 1,20% |
| over 60% | 2,50% | 1,50% |
Minimal remuneration for this type of use of music works amounts to 700 points.
TV STATIONS
| Quantity of music repertoire |
% of income from subscription/ income realized through interventions of state agencies for TV broadcasting |
% of income from marketing |
| up to 30% | 1,50% | 1,00% |
| from 30% to 60% | 2,00% | 1,20% |
| over 60% | 2,50% | 1,50% |
Minimal remuneration for this type of use of music works amounts to 1.000 points.
User is obliged to deliver to Sokoj data about total income, with separated basis of acquisition and that is until the15th day of the month for the previous month, as well as to deliver the copy of certified Balance sheet from final financial statement, at the latest until March 15 of the current year for the previous year.
In addition to Balance sheet, user is also obliged to submit relevant financial and other documentation from which may undisputedly be established the basis for calculation of remuneration.
On the basis of the data from the Balance sheet for previous business year, may be fixed advance payment for current year which is being calculated till the final settlement, what will the user and Sokoj establish through the contract.
Final settlement of remuneration for one business year Sokoj will perform on the basis of user's annual settlement and financial and other documentation.
If the user does not separate grounds for acquisition, remuneration is being calculated in the amount of 60% from subscription, i.e. from income realized through interventions of state agencies and 40% from the income from marketing and other commercial income.
User is obliged to deliver the list of broadcasted music works in the form determined by Sokoj, until the15th day of the month for the previous month.
If the same user broadcasts both via radio and television, remuneration is calculated, on the basis of fixed percentages for radio and television separately, through average rate.
If debts of broadcasters towards Sokoj are higher than three months remuneration, i.e. if broadcaster does not deliver to Sokoj the list of broadcasted music works in the period longer than three months, will be considered as unauthorized user of music works. Such a broadcaster will be reported to Republic Broadcasting Agency for further procedure, as per provision from the article 20 of the Broadcasting Act. In spite of that, Sokoj retains the right to realize the payment of debt through court procedure, as well as the right to undertake all other legal measures.
2. COMMERCIAL RADIO AND/OR TV STATIONS
User is obliged to obtain license for broadcasting of music repertoire by conclusion of the agreement about non-exclusive transfer of broadcast rights. License for broadcasting music repertoire through radio and television does not include license for broadcasting via internet.
Remuneration is being fixed as a percentage from the total realized income, and the
percentage is established as a relation of the quantity of music repertoire in the total duration of the program.
Basis for calculation of remuneration and application of percentage is the total income from radio i.e. television activity.
RADIO STATIONS
| Quantity of music repertoire |
% of the total income |
| up to 30% | 2,50% |
| from 30% to 60% | 3,00% |
| over 60% | 3,50% |
Minimal remuneration for this type of use of music works amounts to 700 points.
TV STATIONS
| Quantity of music repertoire |
% of the total income |
| up to 30% | 2,50% |
| from 30% to 60% | 3,00% |
| over 60% | 3,50% |
Minimal remuneration for this type of use of music works amounts to 1000 points.
User is obliged to deliver to Sokoj data about his total income until the15th day of the month for the previous month, as well as to deliver the copy of certified Balance sheet from final financial statement, at the latest until March 15 of the current year for the previous year.
In addition to Balance sheet, user is also obliged to submit relevant financial and other documentation from which may undisputedly be established the basis for calculation of remuneration.
On the basis of the data from the Balance sheet for previous business year, may be fixed advance payment for current year which is being calculated till the final settlement, what will the user and Sokoj establish through the contract.
Final settlement of remuneration for one business year Sokoj will perform on the basis of user's annual settlement and financial and other documentation.
User is obliged to deliver the list of broadcasted music works in the form determined by Sokoj, until the15th day of the month for the previous month.
If the same user broadcasts both via radio and television, remuneration is calculated, on the basis of fixed percentages for radio and television separately, through average rate.
If debts of broadcasters towards Sokoj are higher than three months remuneration, i.e. if broadcaster does not deliver to Sokoj the list of broadcasted music works in the period longer than three months, will be considered as unauthorized user of music works. Such a broadcaster will be reported to Republic Broadcasting Agency for further procedure, as per provision from the article 20 of the Broadcasting Act. In spite of that, Sokoj retains the right to realize the payment of debt through court procedure, as well as the right to undertake all other legal measures.
Tariff number 2.
BROADCASTING OF MUSIC WORKS-SATELLITE BROADCASTING
1. Sending signals intended for public receiving, in continuous
communication chain towards satellite and back to the earth
communication chain towards satellite and back to the earth
Remuneration for broadcasting music works via satellite is being fixed as a percentage from the total realized income, and the percentage is established as a relation of the quantity of music repertoire in the total duration of the program.
Basis for calculation of remuneration and application of percentage is the total income achieved within the activity.
| Quantity of music repertoire |
% of the total income |
| up to 30% | 2,50% |
| from 30% to 60% | 3,00% |
| over 60% | 3,50% |
Minimal remuneration for this type of use of music works amounts to 1000 points.
User is obliged to deliver to Sokoj data about his total income until the15th day of the month for the previous month, as well as to deliver the copy of certified Balance sheet from final financial statement, at the latest until March 15 of the current year for the previous year.
In addition to Balance sheet, user is also obliged to submit relevant financial and other documentation from which may undisputedly be established the basis for calculation of remuneration.
On the basis of the data from the Balance sheet for previous business year, may be fixed advance payment for current year which is being calculated till the final settlement, what will the user and Sokoj establish through the contract.
Final settlement of remuneration for one business year Sokoj will perform on the basis of user's annual settlement and financial and other documentation.
User is obliged to deliver the list of broadcasted music works in the form determined by Sokoj, until the15th day of the month for the previous month.
1. Broadcasting via satellite through the means for signal decoding
(DIRECT TO HOME TECHNOLOGY)
Remuneration is paid in the amount of 0,10 points per decoder, per TV channel, monthly.
Operator is obliged to deliver the Report about the number of decoders, as well as the list of TV channels which are being rebroadcasted, until the15th day of the month for the previous month.
The list of TV channels must contain all channels included in the operator's offer, with the official name of the channel and country of origin.
Tariff number 3.
BROADCASTING OF MUSIC WORKS-CABLE DIFFUSION
Remuneration is paid in the amount of 0,05 points per extension, per TV channel, monthly.
Cable operator is obliged to deliver the Report about the number of extensions, as well as the list of TV channels which are being rebroadcasted, until the15th day of the month for the previous month.
The list of TV channels must contain all channels included in the cable operator's offer, with the official name of the channel and country of origin.
TARIFF CLASS 6.
PRIVATE COPYING LEVY
Private copying levy from sale of technical devices intended for copying music works, as well as blank sound carriers i.e. image carriers (audiocassettes, videocassettes, CDs, etc.) is paid by manufacturers, importers and sellers, as joint and several liability debtors.
Remuneration is paid monthly, i.e. upon realized import, in the amount of 1% from the retail sale price of each technical device suitable for copying music works, i.e. each blank sound or image carrier.
User is obliged to deliver Sales reports, i.e. Import reports, until the15th day of the month for the previous month, within 15 days upon realization of import.
CLOSING PROVISIONS
Article 15.
On the day when this Tariff goes into effect, Tariff of remuneration paid to Association of Composers Organizations of Yugoslavia (SOKOJ) - Society for protection of Authors' Rights ("Official Paper of SRY", no.30/02 and 34/02 and "Official Paper of Serbia and Montenegro", no.35/04, 45/05 and 48/05).
Article 16.
This Tariff goes into effect on the eighth day after its publishing in "Official Herald of RS".
President of the Managing Board of
Serbian Music Authors' Organization,
Srđan Hofman, sgnd.
