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Tariff - internet and mobile services

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On the basis of the article 176 of the Copyright and Related Rights Act ("Official Herald of RS" no. 104/09, 99/11 and 119/12), Managing Board of Sokoj - Serbian Music Authors' Organization, has made


TARIFF OF REMUNERATION
COLLECTED BY SOKOJ ON THE BASIS OF COMMUNICATION
TO THE PUBLIC VIA INTERNET AND MOBILE SERVICES


Article 1.

The remuneration for use of music works from Sokoj's repertoire (hereinafter: Repertoire) via internet and mobile services, is established by this Tariff:
  1. WEBCAST (INTERNET BROADCAST) - Service includes activity of internet radio or internet TV and other modes of use which correspond to the mentioned description, without possibility of downloading to a permanent carrier (hard disc, mobile telephone, etc.) i.e. broadcast which end user can neither affect nor use music contents differently but by the established order and by the selection determined by the user;
  2. SIMULCASTING - simultaneous and unaltered transfer of existing terrestrial and other radio and TV stations via internet;
  3. PODCASTING - distribution of the complete or some parts of radio or TV program which end user may limitedly affect, but does not have possibility to select music content at all times;
  4. STREAMING - linear broadcast of music and/or audiovisual works, without possibility to select time and without possibility of downloading to a permanent carrier (hard disc, mobile telephone, etc.) and which is not included in the mode of use defined as webcasting, simulcasting and subcasting;
  5. LIVE STREAMING - simultaneous broadcast of public performance (live music), concerts, DJ performances, etc.
  6. STREAMING ON DEMAND - broadcast of music and/or audiovisual works on demand of the end user, at the time and contents of his selection, without possibility of downloading to a permanent carrier (hard disc, mobile telephone, etc.);
  7. BACKGROUND MUSIC - background music on internet pages or on some parts of internet pages such as banners, galleries of photographies, etc.;
  8. DOWNLOADING - downloading of selected music contents to a permanent carrier (hard disc, mobile telephone, etc.);
  9. RINGTONES (monophone, polyphone compositions and realtones), RINGBACKTONES, MUSIC VIDEOTONES - use of music and/or audiovisual works, as announcements of incoming phone calls, SMS messages or while waiting for phone connection.
Article 2.

Repertoire of Sokoj consists of the music works of:
  1. domestic authors and right holders, members of Sokoj, who have contractually renounced their rights to Sokoj, on the basis of the article 153 of the Copyright and Related Rights Act;
  2. domestic authors and right holders, members of Sokoj, whose rights Sokoj protects, on the basis of the article 180 of the Copyright and Related Rights Act;
  3. foreign authors and right holders, whose rights Sokoj protects, on the basis of the article 186 of the Copyright and Related Rights Act;
Music works of foreign authors and right holders may be exempt from the repertoire of Sokoj if the different online licensing is determined by international contracts or practice. 

Article 3.

Remuneration is paid monthly, as percentage from the total income realized by user from carrying out activity within which he uses the object of protection and monthly remuneration may not be below the minimal amount established for each mode of use:

Mode of Use/Service Representation of Music Repertoire % from Income Minimal Remuneration in RSD excl. VAT
WEBCAST
(INTERNET BROADCAST)
Below 30% 4,00% 6.000,00
From 30% to 60% 5,00% 7.000,00
Over 60% 6,00% 8.000,00
SIMULCASTING
(radio stations)
Below 30% 2,50% 4.000,00
From 30% to 50% 3,00% 4.500,00
From 50% to 65% 3,50% 5.000,00
From 65% to 80% 4,00% 5.500,00
Over 80% 4,50% 6.000,00
SIMULCASTING
(TV stations)
Below 10% 2,20% 4.500,00
From 10% to 20% 2,70% 5.000,00
From 20% to 50% 3,20% 5.500,00
From 50% to 80% 3,70% 6.000,00
Over 80% 4,20% 6.500,00
 PODCASTING  Below 30%  4,00% 7.000,00
From 30% to 60% 5,00% 9.000,00
Over 60% 6,00% 10.000,00
STREAMING -  8,00% 4,00 per access 
LIVE STREAMING  -  7,00% 2.500,00 for each started hour of broadcast
STREAMING ON DEMAND  Music works   10% 0,60 per access
 Audiovisual works  8% 1,00 per access
BACKGROUND MUSIC -  2% For physical persons:
1.500,00
For legal entities:
4.000,00
DOWNLOADING  -  12% For paid downloading -
6,00 per download
For free downloading -
4,00 per download
RINGTONES (monophone, polyphone compositions and realtones), RINGBACKTONES, MUSIC VIDEOTONES -  12% 6,00 per ringtone

Minimal remuneration is calculated for each mode of use and in case that music works are used through several modes of use, those amounts are being added.
To the amounts of remuneration and/or minimal remuneration is calculated belonging VAT according to the current legal regulations.
Once a month user is obliged to deliver to Sokoj a Report on realized income in the previous month and/or number of accesses to the service.

Article 4.

User is obliged, on monthly basis, to deliver to Sokoj reports containing data on used music works within each form of usage of author's works which make Sokoj's repertoire (title of the work, name of author and coauthor, as well as the name of the performer).

For downloading and mobile services (ringtones, ringbacktones, etc.) user is obliged to deliver to Sokoj once a month a list of music works which are offered by the user (title of the work, name of author and coauthor, as well as the name of the performer) with accurately indicated number of accesses/requests for each work separately.

Article 5.

For each mode of use of author's work from the repertoire of Sokoj, i.e. for new service or new mode of use which is not included in this tariff, as well as for foreign, global i.e. multiterritorial i.e. multinational platforms or services or different mode of licensing (issuing licenses) for online use of the repertoire, Sokoj will issue special licenses, in accordance with Copyright and Related Rights Act and usual international practice and standards.

Article 6.

By going into effect of this Tariff are being suspended provisions of the Tariff of remuneration collected by Sokoj ("Official Herald of RS number 85/2007) in the part Tariff class 4, Tariff number 1 and Tariff number 2.

Article 7.

This Tariff goes into effect on the eighth day upon its publishing in "Official Herald of RS".


Number 02-3198/2
In Belgrade on August 26, 2015

President of the Managing Board of
Sokoj - Serbian Music Authors' Organization,

Petar Stokanović, sgnd.

  You can download Tariff- internet and mobile services as a .pdf document