Article 59. Duties of organizations managing property rights on a collective basis
On copyright and related rights (LRU-42-son) · Date: 20.07.2006 · In force
An organization managing property rights on a collective basis shall be obliged to:
submit, simultaneously with the payment of remuneration, reports to the rightholders containing information on the use of their rights;
use the remuneration collected in accordance with the provisions of paragraph five of part one of Article 58 of this Law exclusively for distribution and payment to the rightholders. The organization shall have the right to deduct from the collected remuneration amounts to cover its actual expenses on the collection, distribution and payment of such remuneration, as well as amounts that are sent to special funds created by the organization solely with the consent and in the interests of the rightholders represented by it;
distribute and regularly pay the collected remuneration amounts, less the amounts provided in the third paragraph of this part, in proportion to the actual use of works and objects of related rights;
distribute and pay the collected remuneration directly to the rightholders and/or to transfer it for distribution and payment to other organizations representing the interests of the corresponding categories of rightholders on the basis of agreements with such organizations;
keep unclaimed remuneration by taking measures to seek out rightholders within three years from the date of its receipt in the account of the organization. After this period, the organization shall have the right to include unclaimed remuneration in the amounts distributed or to use it for other purposes only with the consent and in the interests of the rightholders represented by the organization.
The rightholders who have not mandated the organization to collect the remuneration stipulated in subparagraph five of paragraph one of Article 58 of this Law shall have the right to demand that the organization pay the remuneration due to them in accordance with the distribution made, as well as exclude their works or objects of related rights from the contracts provided by this organization to users.
An organization which manages property rights on a collective basis may also have other obligations on the basis of agreements with rightholders and in accordance with the law.
