Collective Administration of Copyright Regulations, 2016

L.N. 239 of 2016

COPYRIGHT ACT

(CAP. 415)

Control of the Establishment and Operation of Societies for the

Collective Administration of Copyright Regulations, 2016

IN exercise of the powers conferred by article 59 of the

Copyright Act, the Minister for the Economy, Investment and Small

Business has made the following regulations

(1)

The title of these regulations is the Control of the

Establishment and Operation of Societies for the Collective

Administration of Copyright Regulations, 2016.

(2) These regulations transpose Directive 2014/26/EU of the

European Parliament and of the Council of 26 February 2014 on

collective management of copyright and related rights and multi-

territorial licensing of rights in musical works for online use in the

internal market.

Title I

General Provisions

(1)

In these regulations, unless the context otherwise

requires -

"the Act" means the Copyright Act;

"Board" means the Copyright Board established under article 45

of the Act;

"collective management organisation" means any organisation

which is authorised by law or by way of assignment, licence or any

other contractual arrangement to manage copyright or rights related

to copyright on behalf of more than one rightholder, for the collective

benefit of those rightholders, as its sole or main purpose, and which

fulfils one or both of the following criteria

(a)

it is owned or controlled by its members;

(b)

it is organised on a not-for-profit basis;

"director" means

(a)

where national law or the statute of the collective

management organisation provides for a unitary board, any

member of the administrative board;

(b)

where national law or the statute of the collective

management organisation provides for a dual board, any

member of the management board or the supervisory board;

"general assembly of members" means the body in the collective

management organisation wherein members participate and exercise

their voting rights, regardless of the legal form of the organisation;

"independent management entity" means any organisation

which is authorised by law or by way of assignment, licence or any

other contractual arrangement to manage copyright or rights related

to copyright on behalf of more than one rightholder, for the collective

benefit of those rightholders, as its sole or main purpose, and which

is

(a)

neither owned nor controlled, directly or indirectly,

wholly or in part, by rightholders; and

(b)

organised on a for-profit basis;

"management fees" means the amounts charged, deducted or

offset by a collective management organisation from rights revenue

or from any income arising from the investment of rights revenue in

order to cover the costs of its management of copyright or related

rights;

"member" means a rightholder or an entity representing

rightholders, including other collective management organisations

and associations of rightholders, fulfilling the membership

requirements of the collective management organisation and admitted

by it;

"multi-territorial licence" means a licence which covers the

territory of more than one Member State;

"online rights in musical works" means any of the rights of an

author in a musical work provided for under Articles 2 and 3 of

Directive 2001/29/EC which are required for the provision of an

online service;

"repertoire" means the works in respect of which a collective

management organisation manages rights;

"representation agreement" means any agreement between

collective management organisations whereby one collective

management organisation mandates another collective management

organisation to manage the rights it represents, including an

agreement concluded under regulations 36 and 37;

"rightholder" means any person or entity, other than a collective

management organisation, that holds a copyright or related right or,

under an agreement for the exploitation of rights or by law, is entitled

to a share of the rights revenue;

"rights revenue" means income collected by a collective

management organisation on behalf of rightholders, whether deriving

from an exclusive right, a right to remuneration or a right to

compensation;

"statute" means the memorandum and articles of association, the

statute, the rules or documents of constitution of a collective

management organisation;

"user" means any person or entity that is carrying out acts

subject to the authorisation of rightholders, remuneration of

rightholders or payment of compensation to rightholders and is not

acting in the capacity of a consumer;

(2) All other words, terms and expressions used shall have the

same meaning as is given to them in the Act.

(1)

These regulations lay down the necessary

requirements to ensure the proper functioning of the management of

copyright and related rights by collective management organisations.

It also lays down requirements for multi-territorial licensing by

collective management organisations of authors’ rights in musical

works for online use.

(2) These regulations apply as follows

(a)

Titles I, II, IV and V with the exception of

regulation 41(2) apply to all collective management

organisations established in Malta;

(b)

Title III and regulation 41(2) apply to collective

management organisations established in Malta managing

authors’ rights in musical works for online use on a multi-

territorial basis;

(c)

the relevant provisions of these regulations apply

to entities directly or indirectly owned or controlled, wholly or

in part, by a collective management organisation, provided that

such entities carry out an activity which, if carried out by the

collective management organisation, would be subject to the

provisions of these regulations;

(d)

regulation 20(1), regulations 26. and 38,

paragraphs (a), (b), (c), (e), (f) and (g) of regulation 29(1) and

regulation 43 apply to all independent management entities

established in Malta.

Title II

Collective Management Organisations

Chapter 1

Representation of rightholders and membership and organisation

of collective management organisations

The economic rights related to copyright and neighbouring Administration

rights shall be administered by the owners of the rights, by collective of rights.

management organisations as authorised by the right holders, or by

mandatories representing the right holders.

(2) Collective management organisations shall act in the best

interests of the rightholders whose rights they represent and shall not

impose on them any obligations which are not objectively necessary

for the protection of their rights and interests or for the effective

management of their rights.

(1)

Rightholders have the following rights which shall Rights of

be set out in the statute or membership terms of the collective rightholders.

management organisation

(a)

the right to authorise a collective management

organisation of their choice to manage the rights, categories of

rights or types of works and other subject-matter of their choice,

for the territories of their choice, irrespective of the Member

State of nationality, residence or establishment of either the

collective management organisation or the rightholder; in

accordance with the statute of the collective management

organisation. Unless the collective management organisation

has objectively justified reasons to refuse management, it shall

be obliged to manage such rights, categories of rights or types

of works and other subject-matter, provided that their

management falls within the scope of its activity;

(b)

the right to grant licences for non-commercial uses

of any rights, categories of rights or types of works and other

subject-matter that they may choose;

(c)

the right to terminate the authorisation to manage

rights, categories of rights or types of works and other subject-

matter granted by them to a collective management organisation

or to withdraw from a collective management organisation any

of the rights, categories of rights or types of works and other

subject-matter of their choice, as determined pursuant to

paragraph (a), for the territories of their choice, upon serving

reasonable notice not exceeding six months. The collective

management organisation may decide that such termination or

withdrawal is to take effect only at the end of the financial year;

Provided that if there are amounts due to a rightholder for

acts of exploitation which occurred before the termination of the

authorisation or the withdrawal of rights took effect, or under a

licence granted before such termination or withdrawal took effect, the

rightholder shall retain his rights under regulations 16,17, 26, 28, 35

and 40.

(2) A collective management organisation shall not restrict the

exercise of rights provided for under sub-regulation (1)(b) and (c), by

requiring, as a condition for the exercise of those rights, that the

management of rights or categories of rights or types of works and

other subject-matter which are subject to the termination or the

withdrawal be entrusted to another collective management

organisation.

(3) In cases where a rightholder authorises a collective

management organisation to manage his rights, he shall give consent

specifically for each right or category of rights or type of works and

other subject-matter which he authorises the collective management

organisation to manage. Any such consent shall be evidenced in

documentary form.

(4) A collective management organisation shall inform

rightholders of their rights under sub-regulations (1) to (3), as well as

of any conditions attached to the right set out in sub-regulation (1)(b),

before obtaining their consent to its managing any right or category of

rights or type of works and other subject-matter.

(5) A collective management organisation shall inform those

rightholders who have already authorised it of their rights under sub-

regulations (1) to (3), as well as of any conditions attached to the right

set out in sub-regulation (1)(b), by 10 October 2016.

Collective management organisations shall comply with

the following rules

(a)

a collective management organisation shall accept

rightholders and entities representing rightholders, including

other collective management organisations and associations of

rightholders, as members if they fulfil the membership

requirements, which shall be based on objective, transparent

and

non-discriminatory

criteria.

Those

membership

requirements shall be included in the statute or membership

terms of the collective management organisation and shall be

made publicly available. In cases where a collective

management organisation refuses to accept a request for

membership, it shall provide the rightholder with a clear

explanation of the reasons for its decision;

(b)

the statute of a collective management organisation

shall provide for appropriate and effective mechanisms for the

participation of its members in the organisation’s decision-

making process. The representation of the different categories

of members in the decision-making process shall be fair and

balanced;

(c)

a collective management organisation shall allow

its members to communicate with it by electronic means,

including for the purposes of exercising members’ rights;

(d)

a collective management organisation shall keep

records of its members and shall regularly update those records.

Collective management organisations shall comply with Rights of

the rules laid down in regulations 6(c), 28, 36(2) and 40 in respect of rightholders

who are not

rightholders who have a direct legal relationship by law or by way of members

collective

assignment, licence or any other contractual arrangement with them management

organisation.

but are not their members.

(1)

A collective management organisation shall not Approval of

operate in Malta unless it submits a request to the Board to operate as collective

management

a collective management organisation and is approved as a collecting organisations.

society in accordance with the provisions of the Act.

(2) A request for approval of a collective management

organisation, which may also be submitted to the Board by electronic

means, shall include

(a)

a copy of the statutes of the collective management

organisation;

(b)

the regulations of the collective management

organisation concerning the system of collection and

distribution of fees and equitable remuneration;

(c)

a proposed tariff of all royalties to be collected by

the collective management organisation;

(d)

a declaration stating the number of persons who

have entrusted or undertaken to entrust the collective

management organisation with the administration of their

economic rights at the time of the said declaration;

(e)

a list of contracts with other foreign or local

collective

management

organisations

regarding

the

administration of rights;

(f)

the contact details, including a postal address, fax

number or e-mail address, telephone number and the legal

address if this is not the same as the postal address, for the

purpose of receiving complaints or requests for information;

and

(g)

the prescribed fee for a request for approval of a

collective management organisation.

(3) The Board shall approve the collective management

organisation unless

(a)

the statutes or regulations mentioned in sub-

regulation (2) do not conform to the relevant provisions of the

Act, these regulations or of any other law;

(b)

there is factual evidence indicating that a physical

person who may lawfully represent the collective management

organisation under the statutes of the organisation does not

possess the abilities or reliability necessary for the exercise of

such activity;

(c)

there is factual evidence indicating that the

collective management organisation is not able to fulfil its

functions for any reason including the absence of economic and

technical means, or of appropriate staff;

(d)

another collective management organisation has

already been approved in the same field of administration,

provided that the Board is satisfied that the existence of more

than one organisation in that particular field of administration

would not be beneficial to the interests of the authors and other

owners of copyright and of neighbouring rights and the users;

(e)

it considers that the proposed tariffs are

unacceptable, provided that if the collective management

organisation has different sets of tariffs, it may still be allowed

to operate in those areas for which the Board has approved the

tariffs.

(4) In determining whether a collective management

organisation has the economic and technical means to fulfil its

functions as specified in sub-regulation (3)(c), the Board may

consider the following

(a)

the number of authors who have undertaken to

entrust the collective management organisation with the

administration of their economic rights, as well as any plan or

strategy by means of which the collective management

organisation intends to increase this number;

(b)

any bilateral or multilateral contracts concerning

the administration of rights of foreign authors and other foreign

owners of copyright and of neighbouring rights, as well as any

such contracts or agreements which the collective management

organisation is in the process of implementing;

(c)

the extent of the exploitation of works which fall

under the administration of that collective management

organisation or the volume of potential users of such works;

(d)

the capability of the collective management

organisation to administer the rights of its members in other

countries; and

(e)

the ways and means whereby the collective

management organisation proposes to achieve its aims

Provided that for the purpose of carrying out its functions

under this sub-regulation the Board may request from a collective

management organisation any related or incidental information as it

deems appropriate.

(5) The basis for calculating the tariffs shall normally be the

monetary advantages obtained from exploitation of the protected

work, as well as the proportion of the utilisation of the work in the

total exploitation.

(6) Other considerations to be made when calculating the

prospective tariffs should include the category and nature of the user

involved, including the type of business in the case of a commercial

venture, as well as any religious, cultural and social elements

involved.

(1)

As soon as practicable after the receipt of a request

for the approval of a collective management organisation, the Board

shall

(a)

issue an acknowledgement of receipt of the request

to the applicant indicating therein a reasonable time period for

the processing of the application

Provided that such period shall apply if all the

required documentation has been submitted and no written

objection is received following the publication of the request

and the tariffs;

(b)

in the event that the required documentation or

information is not submitted with the application, the Board

shall issue a notification to the applicant requesting the

submission of the missing documentation and information. The

Board shall inform the applicant that the time period

communicated in the acknowledgement issued in terms of the

preceding paragraph will have to be reviewed and that the new

time period will be notified to the applicant upon receipt of the

missing documentation;

(c)

in the event that the missing documentation is

received by the Board, which documentation is to be submitted

with the prescribed fee, the Board shall issue an

acknowledgement to the applicant indicating therein a

reasonable time period for the continued consideration of the

application subject to there not being any written objections

following the publication of the request and the tariffs;

(d)

following the receipt of all the required

documentation, as soon as practicable, the Board shall publish

the request together with the proposed tariffs in the Gazette and

shall give notice that, within sixty days after publication,

prospective users or their representatives may file written

objections, to the request or the tariffs, with the Board. These

objections shall be accompanied by the prescribed fee and shall

be submitted on the basis of the provisions of regulation 9(3);

(e)

the Board shall publish a notice in two local

newspapers thereby referring to the publication of the request

and tariffs in the Gazette; and

(f)

all publication costs in the Gazette and the local

newspapers shall be borne by the applicant.

(2) Following the lapse of sixty days as specified in sub-

regulation (1)

(a)

in the event that no objections to the request and

tariffs are made, the Board shall approve or refuse the request

for operation of a collective management organisation within

the time period indicated in the acknowledgement issued by the

Board in accordance with sub-regulation (1)(a) and (c) as the

case may be and taking into consideration regulation 4(3), (4)

and (5); and

(b)

in the event that objections to the request and

tariffs are made, the Board shall approve or refuse the request

for operation of a collective management organisation within a

reasonable time period, taking into consideration regulation

4(3), (4) and (5) and the grounds of the objections received.

(3) In considering any request for operation of a collective

management organisation, the Board may call upon the collective

management organisation and any person who has made an objection

under sub-regulation (1)(d) for further representations, and shall

provide the collective management organisation with the opportunity

to amend its request as deemed necessary.

(4) In considering any request for the operation of a collective

management organisation the Board may, after granting the applicant

a right to be heard, impose such proportionate conditions upon said

approval as it may deem appropriate.

(5) On taking its decision, the Board shall as soon as

practicable

(a)

send a copy of its decision to the collective

management organisation that filed the request and to any

person who filed an objection; and

(b)

publish its decision in the Gazette.

(6) If the decision is taken to approve the request for the

operation of a collective management organisation, the Board shall

also

(a)

send a copy of the approved tariffs, together with

the reasons for the Board’s decision, to the collective

management organisation that filed the tariff and to any person

who filed an objection; and

(b)

publish the approved set of tariffs in the Gazette.

(1)

An approved tariff shall be effective until such time

as a new tariff is approved.

(2) Not less than six months and not more than eight months

before the lapse of the period of two calendar years from the date

when it was published in the Gazette, the collective management

organisation shall submit the tariffs for the next two years to the

Board, which will consider them according to the following

conditions

(a)

if the proposed tariff is identical to the previous

tariff, it will be approved by the Board

Provided that if any objections to the tariff have

been filed with the Board in the preceding two years, the Board

shall permit the collective management organisation to reply to

the objections, and after due consideration of the objections and

relevant replies, the Board shall as soon as practicable approve

or refuse the proposed tariff;

(b)

if the proposed tariff includes revisions to the

previous tariff, the Board shall treat it according to the

provisions of regulations 5(1) to (3) relating to tariffs.

(1)

A collective management organisation, on behalf

of, and on the basis of the authorisation by, the authors and other

owners of copyright and of neighbouring rights that are its members

or that it otherwise represents on the basis of agreements with local or

foreign collective management organisations may fulfil the following

tasks

(a)

to give authorisation to third parties to carry out

acts covered by the exclusive economic rights administered;

(b)

to collect fees for authorisation mentioned in

paragraph (a) and to collect equitable remuneration where the

law provides for such remuneration;

(c)

to distribute the fees and equitable remuneration

thus collected among the authors and other owners of copyright

and of neighbouring rights concerned;

(d)

to take any legal action necessary for the

enforcement of the rights administered by it;

(e)

to carry out any other acts authorised, in keeping

with article 24 of the Act, by the authors and other owners of

copyright and of neighbouring rights, or by the bodies

representing them, whose exclusive economic rights or rights to

equitable remuneration are administered.

(2) Companies, business concerns or other organisations

which do not conform to the provisions specified in the Act or in

these regulations for the operation of a collective management

organisation shall have no right to

(a)

grant licenses, collect royalties, or in any way

administer economic rights arising from the ownership of

copyright or neighbouring rights; or

(b)

commence any action for the infringement of the

rights or the recovery of royalties; or

(c)

otherwise perform any of the functions of a

collective management organisation according to the provisions

of the Act or these regulations

Provided that, without prejudice to the provisions of sub-

regulation (3), nothing in this sub-regulation shall affect the right of

authors and other owners of copyright or neighbouring rights to

appoint a direct legal representative to manage or administer their

economic rights

Provided further that said legal representative only collects

fees on behalf of his client and passes said fees directly to his clients

and not in the form of a redistribution scheme as normally operated

by collective management organisations.

(3) Companies, business concerns or other organisations

which perform the functions of collective management organisations

according to the provisions of the Act and these regulations, shall be

considered collective management organisations for the purposes of

the Act and these regulations and shall be subject to the relevant

provisions thereof.

(1)

A collective management organisation shall ensure General

that a general assembly of members shall be convened at least once a assembly

members of the

year.

collective

management

organisation

(2) The general assembly of members shall decide on any

amendments to the statute and to the membership terms of the

collective management organisation, where those terms are not

regulated by the statute.

(3) The general assembly of members shall decide on the

appointment or dismissal of the directors, review their general

performance and approve their remuneration and other benefits such

as monetary and non-monetary benefits, pension awards and

entitlements, rights to other awards and rights to severance pay

Provided that, in a collective management organisation

with a dual board system, the general assembly of members shall not

decide on the appointment or dismissal of members of the

management board or approve their remuneration and other benefits

where the power to take such decisions is delegated to the supervisory

board.

(4) In accordance with the provisions laid down in Chapter 2

of Title II, the general assembly of members shall decide at least on

the following issues

(a)

the general policy on the distribution of amounts

due to rightholders;

(b)

the general policy on the use of non-distributable

amounts;

(c)

the general investment policy with regard to rights

revenue and to any income arising from the investment of rights

revenue;

(d)

the general policy on deductions from rights

revenue and from any income arising from the investment of

rights revenue;

(e)

the use of non-distributable amounts;

(f)

the risk management policy;

(g)

the approval of any

acquisition,

sale

or

hypothecation of immovable property;

(h)

the approval of mergers and alliances, the setting-

up of subsidiaries, and the acquisition of other entities or shares

or rights in other entities;

(i)

the approval of taking out loans, granting loans or

providing security for loans.

(5) The general assembly of members may delegate the

powers listed in sub-regulation (4)(f), (g), (h) and (i), by a resolution

or by a provision in the statute, to the body exercising the supervisory

function.

(6) The general assembly of members shall control the

activities of the collective management organisation by, at least,

deciding on the appointment and removal of the auditor and

approving the annual transparency report referred to in regulation 31

Provided that any alternative systems or modalities for the

appointment and removal of the auditor, shall ensure the

independence of the auditor from the persons who manage the

business of the collective management organisation.

(7) All members of the collective management organisation

shall have the right to participate in, and the right to vote at, the

general assembly of members.

(8) (aq) Every member of a collective management

organisation shall have the right to appoint any other person or entity

as a proxy holder to participate in, and vote at, the general assembly

of members on his behalf, provided that such appointment does not

result in a conflict of interest which might occur, for example, where

the appointing member and the proxy holder belong to different

categories of rightholders within the collective management

organisation.

(b)

Each proxy shall be valid for a single general

assembly of members. The proxy holder shall enjoy the same rights in

the general assembly of members as those to which the appointing

member would be entitled. The proxy holder shall cast votes in

accordance with the instructions issued by the appointing member.

(9) Where a collective management organisation, by reason of

its legal form, does not have a general assembly of members, the

powers of that assembly are to be exercised by the body exercising

the supervisory function. The rules laid down in sub-regulations (1)

to (4) and (6) shall apply mutatis mutandis to such body exercising

the supervisory function.

(1)

A collective management organisation shall have Supervisory

in place a supervisory function for continuously monitoring the function.

activities and the performance of the duties of the persons who

manage the business of the organisation.

(2) The body exercising the supervisory function shall be

composed of the different categories of the members of the collective

management organisation in a fair and balanced manner.

(3) Each person exercising the supervisory function shall

make an annual individual statement on conflicts of interest,

containing the information referred to in regulation 14(2)(b) to the

general assembly of members.

(4) The body exercising the supervisory function shall meet

regularly and shall have at least the following powers

(a)

to exercise the powers delegated to it by the

general assembly of members, including under regulation 12(3)

and (5);

(b)

to monitor the activities and the performance of the

duties of the persons referred to in regulation 10, including the

implementation of the decisions of the general assembly of

members and, in particular, of the general policies listed in

regulation 12(4)(a) to (d).

(5) The body exercising the supervisory function shall report

on the exercise of its powers to the general assembly of members at

least once a year.

(1)

A collective management organisation shall take

all necessary measures so that the persons who manage its business

do so in a sound, prudent and appropriate manner, using sound

administrative and accounting procedures and internal control

mechanisms.

(2) (a)

A collective management organisation shall put in

place and apply procedures to avoid conflicts of interest, and where

such conflicts cannot be avoided, to identify, manage, monitor and

disclose actual or potential conflicts of interest in such a way as to

prevent them from adversely affecting the collective interests of the

rightholders whom the organisation represents.

(b)

The procedures referred to in the paragraph (a)

shall include an annual individual statement by each of the persons

referred to in sub-regulation (1) to the general assembly of members,

containing the following information

(i) any interests in the collective management

organisation;

(ii) any remuneration received in the preceding

financial year from the collective management

organisation, including in the form of pension schemes,

benefits in kind and other types of benefits;

(iii) any amounts received in the preceding

financial year as a rightholder from the collective

management organisation;

(iv) a declaration concerning any actual or

potential conflict between any personal interests and those

of the collective management organisation or between any

obligations owed to the collective management

organisation and any duty owed to any other natural or

legal person.

Chapter 2

Management of Rights Revenue

(1)

Collective management organisations shall comply Collection and

use of rights

with the rules laid down in sub-regulations (2) to (5).

revenue.

(2) A collective management organisation shall be diligent in

the collection and management of rights revenue.

(3) A collective management organisation shall keep separate

in its accounts

(a)

rights revenue and any income arising from the

investment of rights revenue; and

(b)

any own assets it may have and income arising

from such assets, from management fees or from other

activities.

(4) A collective management organisation shall not be

permitted to use rights revenue or any income arising from the

investment of rights revenue for purposes other than distribution to

rightholders, except where it is allowed to deduct or offset its

management fees in compliance with a decision taken in accordance

with paragraph of regulation 12(4)(d) or to use the rights revenue or

any income arising from the investment of rights revenue in

compliance with a decision taken in accordance with regulation

12(4).

(5) Where a collective management organisation invests rights

revenue or any income arising from the investment of rights revenue,

it shall do so in the best interests of the rightholders whose rights it

represents, in accordance with the general investment and risk

management policy referred to in regulation 12(4)(c) and (f) and

having regard to the following rules

(a)

where there is any potential conflict of interest, the

collective management organisation shall ensure that the

investment is made in the sole interest of those rightholders;

(b)

the assets shall be invested in order to ensure the

security, quality, liquidity and profitability of the portfolio as a

whole;

(c)

the assets shall be properly diversified in order to

avoid excessive reliance on any particular asset and

accumulations of risks in the portfolio as a whole.

(1)

Where a rightholder authorises a collective

management organisation to manage his rights, the collective

management organisation is required to provide the rightholder with

information on management fees and other deductions from the rights

revenue and from any income arising from the investment of rights

revenue, before obtaining his consent to its managing his rights.

(2) Deductions shall be reasonable in relation to the services

provided by the collective management organisation to rightholders,

including, where appropriate, the services referred to in sub-

regulation (4), and shall be established on the basis of objective

criteria.

(3) (a)

Management fees shall not exceed the justified and

documented costs incurred by the collective management

organisation in managing copyright and related rights.

(b)

Moreover, the requirements applicable to the use

and the transparency of the use of amounts deducted or offset in

respect of management fees shall also apply to any other deductions

made in order to cover the costs of managing copyright and related

rights.

(4) Where a collective management organisation provides

social, cultural or educational services funded through deductions

from rights revenue or from any income arising from the investment

of rights revenue, such services shall be provided on the basis of fair

criteria, in particular as regards access to, and the extent of, those

services.

(1)

Without prejudice to regulation 19(3) and

regulation 35, a collective management organisation shall regularly,

diligently and accurately distribute and pay amounts due to

rightholders in accordance with the general policy on distribution

referred to in regulation 12(4)(a).

(2) Collective management organisations or their members

who are entities representing rightholders shall distribute and pay

those amounts to rightholders as soon as possible but no later than

nine months from the end of the financial year in which the rights

revenue was collected, unless objective reasons relating in particular

to reporting by users, identification of rights, rightholders or

matching of information on works and other subject-matter with

rightholders prevent the collective management organisation or,

where applicable, its members from meeting that deadline.

(3) Where the amounts due to rightholders cannot be

distributed within the deadline set in sub-regulation (2) because the

relevant rightholders cannot be identified or located and the exception

to that deadline does not apply, those amounts shall be kept separate

in the accounts of the collective management organisation.

(4) (a)

The collective management organisation shall take

all necessary measures, consistent with sub-regulations (1) and (2), to

identify and locate the rightholders. In particular, at the latest three

months after the expiry of the deadline set in sub-regulation (2), the

collective management organisation shall make available information

on works and other subject-matter for which one or more rightholders

have not been identified or located to

(i) the rightholders that it represents or the

entities representing rightholders, where such entities are

members of the collective management organisation; and

(ii) all collective management organisations with

which it has concluded representation agreements.

(b)

The information referred to in the paragraph (a)

shall include, where available, the following

(i)

the title of the work or other subject-matter;

(ii) the name of the rightholder;

(iii) the name of the relevant publisher or

producer; and

(iv) any other relevant information available

which could assist in identifying the rightholder.

(c)

The collective management organisation shall also

verify the records referred to in regulation 6(d) and other readily

available records. If the above-mentioned measures fail to produce

results, the collective management organisation shall make that

information available to the public at the latest one year after the

expiry of the three-month period.

(5) Where the amounts due to rightholders cannot be

distributed after three years from the end of the financial year in

which the collection of the rights revenue occurred, and provided that

the collective management organisation has taken all necessary

measures to identify and locate the rightholders referred to in sub-

regulation (4), those amounts shall be deemed non-distributable.

(6) The general assembly of members of a collective

management organisation shall decide on the use of the non-

distributable amounts in accordance with regulation 12(4)(b), without

prejudice to the right of rightholders to claim such amounts from the

collective management organisation in accordance with the Civil

Code on the statute of limitations of claims.

(7) Collective management organisations may limit or

determine the permitted uses of non-distributable amounts, inter alia,

by ensuring that such amounts are used in a separate and independent

way in order to fund social, cultural and educational activities for the

benefit of rightholders.

Chapter 3

Management of rights on behalf of other collective management

organisations

A collective management organisation shall not

discriminate against any rightholder whose rights it manages under a

representation agreement, in particular with respect to applicable

tariffs, management fees, and the conditions for the collection of the

rights revenue and distribution of amounts due to rightholders.

(1)

A collective management organisation shall not

make deductions, other than in respect of management fees, from the

rights revenue derived from the rights it manages on the basis of a

representation agreement, or from any income arising from the

investment of that rights revenue, unless the other collective

management organisation that is party to the representation

agreement expressly consents to such deductions.

(2) The collective management organisation shall regularly,

diligently and accurately distribute and pay amounts due to other

collective management organisations.

(3) The collective management organisation shall carry out

such distribution and payments to the other collective management

organisation as soon as possible but no later than nine months from

the end of the financial year in which the rights revenue was

collected, unless objective reasons relating in particular to reporting

by users, identification of rights, rightholders or matching of

information on works and other subject-matter with rightholders

prevent the collective management organisation from meeting that

deadline.

(4) The other collective management organisation, or, where it

has as members entities representing rightholders, those members,

shall distribute and pay the amounts due to rightholders as soon as

possible but no later than six months from receipt of those amounts,

unless objective reasons relating in particular to reporting by users,

identification of rights, rightholders or matching of information on

works and other subject-matter with rightholders prevent the

collective management organisation or, where applicable, its

members from meeting that deadline.

Chapter 4

Relations with users

(1)

Collective management organisations and users Licensing.

shall conduct negotiations for the licensing of rights in good faith.

Collective management organisations and users shall provide each

other with all necessary information.

(2) Licensing terms shall be based on objective and non-

discriminatory criteria. When licensing rights, collective management

organisations shall not be required to use, as a precedent for other

online services, licensing terms agreed with a user where the user is

providing a new type of online service which has been available to

the public in the European Union for less than three years.

(3) Rightholders shall receive appropriate remuneration for

the use of their rights. Tariffs for exclusive rights and rights to

remuneration shall be reasonable in relation to, inter alia, the

economic value of the use of the rights in trade, taking into account

the nature and scope of the use of the work and other subject-matter,

as well as in relation to the economic value of the service provided by

the collective management organisation. Collective management

organisations shall inform the user concerned of the criteria used for

the setting of those tariffs.

(4) Collective management organisations shall reply without

undue delay to requests from users, indicating, inter alia, the

information needed in order for the collective management

organisation to offer a licence.

(5) Upon receipt of all relevant information, the collective

management organisation shall, without undue delay, either offer a

licence or provide the user with a reasoned statement explaining why

it does not intend to license a particular service.

(6) A collective management organisation shall allow users to

communicate with it by electronic means, including, where

appropriate, for the purpose of reporting on the use of the licence.

(1)

The authors and other owners of copyright and of

neighbouring rights whose rights are administered shall have the right

to obtain full and detailed information about all the activities of the

collective management organisation that concern the exercise of their

rights.

(2) Any collective management organisation shall answer

within a reasonable time all reasonable requests from the public for

information about -

(a)

its repertoire of works, performer’s performances

or sound recordings;

(b)

its system of collection and distribution of fees and

equitable remuneration; and

(c)

its tariff of all royalties to be collected by the

collective management organisation that are in current use.

(3) A request for information made in terms of sub-regulations

(1) and (2) shall be made either to the collective management

organisation directly or together with the payment of the prescribed

fee to the competent authority falling within the Ministry responsible

for intellectual property. The competent authority will inform the

Board of the request. The Board shall consider the request and if

found reasonable in terms of sub-regulation (2), the Board shall

(a)

provide access to the information required if this

has already been made available to the Board by the collective

management organisation; or

(b)

request such information from the collective

management organisation and forward the information obtained

to the person requesting it.

(4) The competent authority shall cooperate with the

designated entity in accordance with article 10(3) of the Services

(Internal Market) Act to ensure that general information on the

requirements applicable in other Member States relating to access to,

and exercise of collective management organisation and the means or

redress available in the case of a dispute concerning a recipient of the

services of a collective management organisation, is easily accessible

to providers and recipients.

Authors and other owners of copyright and of National

neighbouring rights who or which are not nationals of, or have their treatment.

habitual residence or their headquarters outside Malta and whose

rights are administered by a collective management organisation in

Malta, shall enjoy, in respect of the administration of their rights, the

same treatment as those authors and other owners of copyright and of

neighbouring rights who or which are members of, or are otherwise

represented by, the collective management organisation and who or

which are nationals of, or have their habitual residence or their

headquarters in, Malta.

(1)

Any collective management organisation shall Duty to provide

documents.

immediately furnish the Board with a copy of

(a)

any amendment to its statutes or regulations

mentioned in regulation 8(2);

(b)

any new or additional bilateral or multilateral

contract concerning the administration of rights of foreign

authors and other foreign owners of copyright and of

neighbouring rights and any amendments thereto;

(c)

any new or additional contract with another local

collective management organisation;

(d)

the yearly balance sheet, annual report and

auditor’s report concerning the operation of the collective

management organisation.

(2) Any

collective

management

organisation

shall

immediately inform the Board of any change concerning the physical

persons who may lawfully represent it.

(3) Upon the request of the Board, a collective management

organisation shall furnish any further information that is necessary to

determine whether or not the operation of the collective management

organisation conforms to the statutes of the organisation and to the

provisions of the Act and these regulations and whether or not the

appropriate fulfilment of the functions of the collective management

organisation is ensured. In requesting such information the Board

shall fix a reasonable time limit as it deems appropriate for the

collective management organisation to comply with its request.

The Board shall revoke the authorisation of companies, Revocation of

business concerns or other organisations to act as a collective authorisation.

management organisation if any ground for which the approval of the

collective management organisation would have been denied as

specified in regulation 9(3) and (4) arises, unless the circumstances

giving rise to such grounds are remedied within a reasonable period

fixed by the Board, or, if, despite a warning by the Board, the

collective management organisation repeatedly violates its statutes,

its regulations mentioned in regulation 8(2) or the provisions of the

Act or of these regulations.

(1)

Users shall provide a collective management

organisation, within an agreed or pre-established time and in an

agreed or pre-established format, with such relevant information at

their disposal on the use of the rights represented by the collective

management organisation as is necessary for the collection of rights

revenue and for the distribution and payment of amounts due to

rightholders. When deciding on the format for the provision of such

information, collective management organisations and users shall

take into account, as far as possible, voluntary industry standards.

(2) Users who carry out acts authorised by a collective

management organisation or acts for which, although authorisation is

not needed, equitable remuneration is to be paid to a collective

management organisation, shall

(a)

facilitate the monitoring, by the representatives of

the collective management organisation, of the acts authorised

or for which equitable remuneration is to be paid;

(b)

if required, give the collective management

organisation all information available to them concerning the

acts performed in respect of the works concerned.

Chapter 5

Transparency and Reporting

(1)

Without prejudice to sub-regulation (2) of this

regulation and regulations 27 and 35(2), a collective management

organisation shall make available, not less than once a year, to each

rightholder to whom it has attributed rights revenue or made

payments in the period to which the information relates, at least the

following information

(a)

any contact details which the rightholder has

authorised the collective management organisation to use in

order to identify and locate the rightholder;

(b)

the rights revenue attributed to the rightholder;

(c)

the amounts paid by the collective management

organisation to the rightholder per category of rights managed

and per type of use;

(d)

the period during which the use took place for

which amounts were attributed and paid to the rightholder,

unless objective reasons relating to reporting by users prevent

the collective management organisation from providing this

information;

(e)

deductions made in respect of management fees;

(f)

deductions made for any purpose other than in

respect of management fees, including those that may be

required by national law for the provision of any social, cultural

or educational services;

(g)

any rights revenue attributed to the rightholder

which is outstanding for any period.

(2) Where a collective management organisation attributes

rights revenue and has as members entities which are responsible for

the distribution of rights revenue to rightholders, the collective

management organisation shall provide the information listed in sub-

regulation (1) to those entities, provided that they do not have that

information in their possession. The entities shall make at least the

information listed in paragraph 1 available, not less than once a year,

to each rightholder to whom they have attributed rights revenue or

made payments in the period to which the information relates.

A collective management organisation shall make at least Information

the following information available, not less than once a year and by provided

other collective

electronic means, to collective management organisations on whose management

organisations on

behalf it manages rights under a representation agreement, for the the management

of rights under

period to which the information relates

representation

agreements.

(a)

the rights revenue attributed, the amounts paid by

the collective management organisation per category of rights

managed, and per type of use, for the rights it manages under

the representation agreement, and any rights revenue attributed

which is outstanding for any period;

(b)

deductions made in respect of management fees;

(c)

deductions made for any purpose other than in

respect of management fees as referred to in regulation 19;

(d)

information on any licences granted or refused with

regard to works and other subject-matter covered by the

representation agreement;

(e)

resolutions adopted by the general assembly of

members in so far as those resolutions are relevant to the

management of the rights under the representation agreement.

Without prejudice to the provisions of regulation 32, in

response to a duly justified request, a collective management

organisation shall make at least the following information available

by electronic means and without undue delay to any collective

management organisation on whose behalf it manages rights under a

representation agreement or to any rightholder or to any user

(a)

the works or other subject-matter it represents, the

rights it manages, directly or under representation agreements,

and the territories covered; or

(b)

where, due to the scope of activity of the collective

management organisation, such works or other subject-matter

cannot be determined, the types of works or of other subject-

matter it represents, the rights it manages and the territories

covered.

(1)

A collective management organisation shall make

public at least the following information

(a)

its statute;

(b)

its membership terms and the terms of termination

of authorisation to manage rights, if these are not included in the

statute;

(c)

standard licensing contracts

and

standard

applicable tariffs, including discounts;

(d)

the list of the persons referred to in regulation 14;

(e)

its general policy on distribution of amounts due to

rightholders;

(f)

its general policy on management fees;

(g)

its general policy on deductions, other than in

respect of management fees, from rights revenue and from any

income arising from the investment of rights revenue, including

deductions for the purposes of social, cultural and educational

services;

(h)

a list of the representation agreements it has

entered into, and the names of the collective management

organisations with which those representation agreements have

been concluded;

(i)

the general policy on the use of non-distributable

amounts;

(j)

the complaint handling and dispute resolution

procedures available in accordance with regulations 40, 41 and

(1)

Organizzazzjoni ta’ mmaniġġjar kollettiv, li tkun

stabbilita f’Malta, li toħroġ liċenzi multiterritorjali għal drittijiet

onlajn f’xogħlijiet mużikali, ikollha l-kapaċità suffiċjenti biex

tipproċessa elettronikament b’mod effiċjenti u trasparenti, id-data

meħtieġa għall-amministrazzjoni ta’ dawn il-liċenzi, inkluż għall-

finijiet tal-identifikazzjoni tar-repertorju u l-monitoraġġ tal-użu

tiegħu, il-fatturazzjoni tal-utenti, il-ġbir tad-dħul mid-drittijiet u t-

tqassim tal-ammonti dovuti lid-detenturi tad-drittijiet.

(2) Għall-finijiet tas-subregolament (1), organizzazzjoni ta’

mmaniġġjar kollettiv għandha, mill-inqas, tikkonforma ruħha ma’

dawn il-kundizzjonijiet li ġejjin

(a)

li jkollha l-kapaċità li tidentifika b’mod preċiż ix-

xogħlijiet mużikali li l-organizzazzjoni ta’ mmaniġġjar kollettiv

tkun awtorizzata li tirrappreżenta;

(b)

li jkollha l-kapaċità li tidentifika b’mod preċiż,

b’mod sħiħ jew parzjali, fir-rigward ta’ kull territorju rilevanti,

id-drittijiet u d-detenturi tad-drittijiet relattivi għal kull xogħol

mużikali jew parteċipazzjoni fihom li l-organizzazzjoni ta’

mmaniġġjar kollettiv tkun awtorizzata li tirrappreżenta;

(ċ)

li tagħmel użu minn identifikaturi uniċi sabiex jiġu

identifikati detenturi tad-drittijiet u xogħlijiet mużikali, kont

meħud, sa fejn ikun possibbli, ta’ standards u prattiki industrijali

volontarji li jkunu ġew żviluppati fuq livell internazzjonali jew

tal-Unjoni Ewropea;

(d)

li tagħmel użu minn mezzi adegwati biex

tidentifika u tirriżolvi fil-ħin u b’mod effettiv kull inkonsistenzi

fid-data miżmuma minn organizzazzjonijiet ta’ mmaniġġjar

kollettiv oħra li joħorġu liċenzi multiterritorjali għal drittijiet

onlajn f’xogħlijiet mużikali.

(1)

Organizzazzjoni ta’ mmaniġġjar kollettiv li toħroġ Trasparenza ta’

liċenzi multiterritorjali għal drittijiet onlajn f’xogħlijiet mużikali informazzjoni

ta’ repertorju

għandha tipprovdi lill-provdituri ta’ servizz onlajn, lid-detenturi tad- multiterritorjali.

drittijiet li tirrappreżenta d-drittijiet tagħhom u lil organizzazzjonijiet

ta’ mmaniġġjar kollettiv oħrajn, b’mezzi elettroniċi, b’risposta għal

talba debitament ġustifikata, informazzjoni aġġornata li tkun

tippermetti l-identifikazzjoni tar-repertorju ta’ mużika onlajn li di

tkun tirrappreżenta. Din għandha tkun tinkludi

(a)

ix-xogħlijiet mużikali rappreżentati;

(b)

id-drittijiet rappreżentati b’mod sħiħ jew parzjali; u

(ċ)

it-territorji involuti.

(2) Organizzazzjoni ta’ mmaniġġjar kollettiv tista’ tieħu

miżuri raġonevoli, meta jkun meħtieġ, biex tħares il-preċiżjoni u l-

integrità tad-data, biex tikkontrolla l-użu tagħhom mill-ġdid u biex

tħares kull informazzjoni li tkun kummerċjalment sensittiva.

(1)

Organizzazzjoni ta’ mmaniġġjar kollettiv li toħroġ

liċenzi multiterritorjali għal drittijiet onlajn f’xogħlijiet mużikali

għandu jkollha fis-seħħ arranġamenti li jkunu jippermettu lid-

detenturi tad-drittijiet, lil organizzazzjonijiet ta’ mmaniġġjar kollettiv

oħra u lil provdituri ta’ servizzi onlajn li jitolbu korrezzjoni tad-data

msemmija fil-lista ta’ kondizzjonijiet taħt ir-regolament 31(2) jew l-

informazzjoni provduta li hemm taħt ir-regolament 32, meta dawk id-

detenturi tad-drittijiet, organizzazzjonijiet ta’ mmaniġġjar kollettiv u

provdituri ta’ servizzi onlajn, abbażi ta’ provi raġonevoli, ikunu tal-

fehma li d-data jew l-informazzjoni ma jkunux preċiżi fir-rigward

tad-drittijiet tagħhom onlajn f’xogħlijiet mużikali. Meta l-

pretensjonijiet ikunu sostanzjati biżżejjed, l-organizzazzjoni ta’

mmaniġġjar kollettiv għandha tiżgura li d-data jew l-informazzjoni

jiġu korretti bla ebda dewmien żejjed.

(2) Organizzazzjoni ta’ mmaniġġjar kollettiv għandha

tipprovdi lid-detenturi tad-drittijiet li x-xogħlijiet tagħhom ikunu

inklużi fir-repertorju mużikali tagħha u lid-detenturi tad-drittijiet li

jkunu fdaw l-immaniġġjar tad-drittijiet onlajn tax-xogħolijiet

mużikali tagħhom kif hemm fir-regolament 38 bil-mezzi ta’

sottomissjoni lilha, f’format elettroniku informazzjoni dwar ix-

xogħlijiet mużikali jew id-drittijiet tagħhom f’dawk ix-xogħlijiet u t-

territorji li fihom id-detenturi tad-drittijiet ikunu jawtorizzaw lill-

organizzazzjoni. Meta tagħmel dan, l-organizzazzjoni ta’ mmaniġġjar

kollettiv u d-detenturi tad-drittijiet għandhom sa fejn ikun possibbli

jqisu, standards jew prattiki industrijali volontarji f’dak li hu l-

iskambju ta’ data li ġie żviluppat fuq livell internazzjonali jew tal-

Unjoni Ewropea, u għandha tippermetti lid-detenturi tad-drittijiet

jispeċifikaw ix-xogħol mużikali, b’mod sħiħ jew parzjali, id-drittijiet

onlajn, b’mod sħiħ jew parzjali, u t-territorji, li dwarhom ikunu

jawtorizzaw l-organizzazzjoni.

(3) Meta organizzazzjoni ta’ mmaniġġjar kollettiv tawtorizza

lil xi organizzazzjoni ta’ mmaniġġjar kollettiv oħra li tagħti liċenzi

multiterritorjali għad-drittijiet onlajn tax-xogħolijiet mużikali taħt ir-

regolamenti 36 u 37, l-organizzazzjoni ta’ mmaniġġjar kollettiv

awtorizzata għandha ukoll tapplika s-subregolament (2) ta’ dan ir-

regolament fir-rigward tad-detenturi tad-drittijiet li x-xogħolijiet

mużikali tagħhom jiġu inklużi fir-repertorju tal-organizzazzjoni ta’

mmaniġġjar kollettiv, kemm-il darba l-organizzazzjonijiet ta’

mmaniġġjar kollettiv ma jaqblux xort’oħra.

(1)

Organizzazzjoni ta’ mmaniġġjar kollettiv għandha

tissorvelja l-użu ta’ drittijiet onlajn f’xogħlijiet mużikali li tkun

tirrappreżenta, b’mod sħiħ jew parzjali, minn provdituri tas-servizz

ta’ mużika onlajn li tkun ħarġitilhom liċenza multiterritorjali għal

dawk id-drittijiet.

(2) Organizzazzjoni ta’ mmaniġġjar kollettiv għandha toffri

lill-provdituri tas-servizzi ta’ mużika onlajn, il-possibbiltà li

jirrappurtaw b’mezzi elettroniċi l-użu reali ta’ drittijiet onlajn

f’xogħlijiet mużikali u l-provdituri tas-servizzi onlajn għandhom

jirrapportaw b’mod preċiż l-użu reali ta’ dawk ix-xogħolijiet.

Organizzazzjoni ta’ mmaniġġjar kollettiv għandha toffri l-użu mill-

inqas ta’ metodu wieħed ta’ rappurtar li jkun iqis standards u l-prattiki

industrijali volontarji li jkunu ġew żviluppati fuq livell

internazzjonali jew tal-Unjoni Ewropea għall-iskambju elettroniku ta’

data bħal dawk. Organizzazzjoni ta’ mmaniġġjar kollettiv tista’

tirrifjuta li taċċetta r-rappurtar mill-provditur ta’ servizz onlajn

f’format proprjetarju jekk l-organizzazzjoni tkun tippermetti r-

rappurtar billi tuża standard tal-industrija għall-iskambju elettroniku

ta’ data.

(3) Organizzazzjoni ta’ mmaniġġjar kollettiv għandha toħroġ

fattura lill-provditur tas-servizz ta’ mużika onlajn b’mezz elettroniku.

Organizzazzjoni ta’ mmaniġġjar kollettiv għandha toffri l-użu ta’

mill-anqas format wieħed li jkun iqis standards jew prattiki

industrijali volontarji li jkunu żviluppati fuq livell internazzjonali jew

tal-Unjoni Ewropea. Il-fattura għandha tidentifika x-xogħlijiet u d-

drittijiet li jkollhom liċenza, b’mod sħiħ jew parzjali, abbażi tad-data

msemmija fil-lista tal-kondizzjonijiet taħt ir-regolament 31(2), u kull

użu reali relattiv, sa fejn dan ikun possibbli abbażi tal-informazzjoni

provduta mill-provditur ta’ servizz onlajn u l-format użat biex

tingħata dik l-informazzjoni. Il-provditur ta’ servizz onlajn ma jistax

jirrifjuta li jaċċetta il-fattura minħabba l-format tagħha jekk l-

organizzazzjoni ta’ mmaniġġjar kollettiv tkun qegħda tuża format

industrijali standard.

(4) Organizzazzjoni ta’ mmaniġġjar kollettiv għandha toħroġ

fattura b’mod preċiż u mingħajr dewmien lill-provditur tas-servizz ta’

mużika onlajn, wara li jkun ġie rrappurtat l-użu reali tax-xogħol

mużikali, ħlief meta dan ma jkunx possibbli għal raġunijiet

attribwibbli lill-provditur tas-servizz ta’ mużika onlajn.

(5) Organizzazzjoni ta’ mmaniġġjar kollettiv għandu jkollha

fis-seħħ arranġamenti adegwati li jkunu jippermettu lill-provditur tas-

servizz ta’ mużika onlajn li jikkontesta l-korrettezza tal-fattura,

inkluż meta l-provditur tas-servizz ta’ mużika onlajn jirċievi fatturi

minn xi organizzazzjoni ta’ mmaniġġjar kolletiv waħda jew aktar

għall-istess drittijiet onlajn fl-istess xogħol mużikali.

(1)

Mingħajr preġudizzju għas-subregolament (3), Ħlasijiet preċiżi

organizzazzjoni ta’ mmaniġġjar kollettiv li toħroġ liċenzi u detenturi

multiterritorjali għal drittijiet onlajn f’xogħlijiet mużikali għandha drittijiet.

tqassam l-ammonti dovuti lid-detenturi tad-drittijiet li jkunu

akkumulaw minn dawn il-liċenzi b’mod preċiż u mingħajr dewmien

wara li jkun ġie rrappurtat l-użu reali tax-xogħol, ħlief meta dan ma

jkunx possibbli minħabba f’raġunijiet attribwibbli lill-fornitur tas-

servizz ta’ mużika onlajn.

(2) Mingħajr preġudizzju għas-subregolament (3), l-

organizzazzjoni ta’ mmaniġġjar kollettiv għandha mill-inqas

tipprovdi l-informazzjoni li ġejja lid-detenturi tad-drittijiet flimkien

ma’ kull pagament li tagħmel taħt is-subregolament (1)

(a)

il-perjodu li matulu jkun saru kull użu li għalih

ikunu dovuti l-ammonti lid-detenturi tad-drittijiet u t-territorji

fejn ikun sar l-użu;

(b)

l-ammonti miġbura, it-tnaqqis magħmul u l-

ammonti mqassma mill-organizzazzjoni ta’ mmaniġġjar

kollettiv għal kull xogħol u dritt fi kull xogħol mużikali li d-

detenturi tad-drittijiet jkunu awtorizzaw lill-organizzazzjoni ta’

mmaniġġjar kollettiv biex, b’mod sħiħ jew parzjali,

tirrappreżentahom;

(ċ)

l-ammonti miġbura għad-detenturi tad-drittijiet, it-

tnaqqis li jkun sar u l-ammonti mqassma mill-organizzazzjoni

ta’ mmaniġġjar kollettiv fir-rigward ta’ kull provditur ta’

servizz onlajn.

(3) Meta organizzazzjoni ta’ mmaniġġjar kollettiv tawtorizza

lil xi organizzazzjoni oħra ta’ mmaniġġjar kollettiv, toħroġ liċenzi

multiterritorjali għad-drittijiet onlajn f’xogħlijiet mużikali taħt ir-

regolamenti 36 u 37, l-organizzazzjoni ta’ mmaniġġjar kollettiv

awtorizzata għandha tqassam l-ammonti msemmija fis-subregolament

(1) b’mod preċiż u mingħajr dewmien u għandha tipprovdi l-

informazzjoni msemmija fis-subregolament (2) lill-organizzazzjoni

ta’ mmaniġġjar kollettiv li tkun qegħda tagħti l-awtorizzazzjoni. L-

organizzazzjoni ta’ mmaniġġjar kollettiv li tkun qegħda tagħti l-

awtorizzazzjoni għandha tkun responsabbli għat-tqassim li jsir wara

ta’ dawn l-ammonti u għandha tgħaddi dik l-informazzjoni lid-

detenturi tad-drittijiet, kemm-il darba l-organizzazzjonijiet ta’

mmaniġġjar kollettiv ma jaqblux xort’oħra.

(1)

Kull

ftehim

ta’

rappreżentanza

bejn

organizzazzjonijiet ta’ mmaniġġjar kollettiv li bih organizzazzjoni ta’

mmaniġġjar kollettiv tawtorizza lil organizzazzjoni ta’ mmaniġġjar

kollettiv oħra, toħroġ liċenzi multiterritorjali għad-drittijiet onlajn

f’xogħlijiet mużikali fir-repertorju ta’ mużika tagħha, ikollu natura

mhux esklussiva. L-organizzazzjoni ta’ mmaniġġjar kollettiv

awtorizzata għandha timmaniġġja dawk id-drittijiet onlajn fuq bażi

mhux diskriminatorja.

(2) L-organizzazzjoni ta’ mmaniġġjar kollettiv li tkun qegħda

tagħti l-awtorizzazzjoni għandha tinforma lill-membri tagħha bil-

pattijiet ewlenin tal-ftehim, inkluż it-tul tal-ftehim u l-ispejjeż tas-

servizzi provduti mill-organizzazzjoni ta’ mmaniġġjar kollettiv

awtorizzata.

(3) L-organizzazzjoni ta’ mmaniġġjar kollettiv awtorizzata

għandha tinforma lill-organizzazzjoni ta’ mmaniġġjar kollettiv li

tagħti l-awtorizzazzjoni dwar il-pattijiet ewlenin li fuqhom tkun se

tingħata liċenza tad-drittijiet onlajn ta’ din l-aħħar imsemmija, inkluż

x-xorta ta’ sfruttament, id-dispożizzjonijiet kollha li għandhom

x’jaqsmu mat-tariffa tal-liċenza jew li jaffettwawha, il-perjodu ta’

żmien tal-liċenza, il-perjodi ta’ żmien tal-kontabbiltà u t-territorji

involuti.

(1)

Meta organizzazzjoni ta’ mmaniġġjar kollettiv li Obbligu ta’

ma toħroġx jew ma toffrix li toħroġ liċenzi multiterritorjali għad- rappreżentanza

ta’

drittijiet onlajn f’xogħlijiet mużikali fir-repertorju mużikali tagħha, organizzazzjoni

ta’ mmaniġġjar

titlob lil xi organizzazzjoni ta’ mmaniġġjar kollettiv oħra biex tidħol kollettiv oħra

fi ftehim ta’ rappreżentanza biex tirrappreżenta dawk id-drittijiet, l- għall-ħruġ

liċenzi

organizzazzjoni ta’ mmaniġġjar kollettiv tkun obbligata tilqa’ dik it- multiterritorjali.

talba jekk din diġà tkun qegħda tagħti jew toffri li tagħti liċenzi

multiterritorjali għall-istess kategorija ta’ drittijiet onlajn

f’xogħolijiet mużikali fir-repertorju ta’ organizzazzjoni ta’

mmaniġġjar kollettiv waħda jew aktar.

(2) L-organizzazzjoni ta’ mmaniġġjar kollettiv mitluba

għandha twieġeb lill-organizzazzjoni ta’ mmaniġġjar kollettiv li tkun

qegħda tressaq it-talba bil-miktub u bla ebda dewmien.

(3) Mingħajr preġudizzju għas-subregolamenti (5) u (6), l-

organizzazzjoni ta’ mmaniġġjar kollettiv mitluba għandha

timmaniġġja r-repertorju rappreżentat tal-organizzazzjoni ta’

mmaniġġjar kollettiv bl-istess kundizzjonijiet bħal dawk li hija

tapplika għall-immainġġjar tar-repertorju tagħha stess.

(4) L-organizzazzjoni ta’ mmaniġġjar kollettiv mitluba

għandha tinkludi r-repertorju tal-organizzazzjoni ta’ mmaniġġjar

kollettiv li tkun qed tressaq it-talba fl-offerti kollha li hija tindirizza

lil fornituri ta’ servizzi onlajn.

(5) It-tariffa tal-immaniġġjar għas-servizz ipprovdut mill-

organizzazzjoni ta’ mmaniġġjar kollettiv mitluba għall-

organizzazzjoni li tkun qegħda tressaq it-talba, ma għandhiex tkun

iżjed mill-ispejjeż li l-organizzazzjoni ta’ mmaniġġjar kollettiv

miltuba raġonevolment tagħmel.

(6) L-organizzazzjoni ta’ mmaniġġjar kollettiv tad-drittijiet li

tressaq it-talba għandha tqiegħed għad-dispożizzjoni tal-

organizzazzjoni ta’ mmaniġġjar kollettiv mitluba l-informazzjoni

dwar ir-repertorju ta’ mużika tagħha meħtieġa għall-ħruġ ta’ liċenzi

multiterritorjali għal drittijiet onlajn f’xogħlijiet mużikali. Meta l-

informazzjoni tkun insuffiċjenti jew tingħata f’format li ma

tippermettix lill-organizzazzjoni ta’ mmaniġġjar kollettiv mitluba

tilħaq ir-rekwiżiti ta’ dan it-Titolu, l-organizzazzjoni ta’ mmaniġġjar

kollettiv mitluba ikollha jedd titlob l-ispejjeż raġonevoli li tkun

għamlet biex tilħaq dawn ir-rekwiżiti jew inkella li teskludi dawn ix-

xogħlijiet li għalihom l-informazzjoni tkun waħda insuffiċjenti jew li

ma tistax tintuża.

Meta organizzazzjoni ta’ mmaniġġjar kollettiv ma toħroġx

jew ma toffrix li toħroġ liċenzi multiterritorjali għal drittijiet onlajn

f’xogħlijiet mużikali jew ma tippermettix lil xi organizzazzjoni oħra

ta’ mmaniġġjar kollettiv tirrappreżenta dawk id-drittijiet għal dak l-

iskop sal-10 ta’ April 2017, id-detenturi tad-drittijiet li jkunu

awtorizzaw lil dik l-organizzazzjoni ta’ mmaniġġjar kollettiv

tirrappreżenta d-drittijiet onlajn tagħhom f’xogħlijiet mużikali,

jistgħu jirtiraw minn dik l-organizzazzjoni ta’ mmaniġġjar kollettiv

id-drittijiet onlajn tagħhom f’xogħlijiet mużikali għall-finijiet tal-

ħruġ ta’ liċenzi multiterritorjali fir-rigward tat-territorji kollha

mingħajr ma jkunu obbligati li jirtiraw id-drittijiet onlajn f’xogħlijiet

mużikali għall-finijiet ta’ ħruġ ta’ liċenzi monoterritorjali, b’mod li

jkunu jistgħu jagħtu liċenzi multiterritorjali għad-drittijiet onlajn

tagħhom f’xogħlijiet mużikali, huma nnifishom jew permezz ta’ xi

parti oħra li huma jawtorizzaw jew permezz ta’ xi organizzazzjoni ta’

mmaniġġjar kollettiv li tkun tikkonforma mad-dispożizzjonijiet ta’

dan it-Titolu.

Il-ħtiġiet taħt dan it-Titolu ma għandhomx ikunu japplikaw

għall-organizzazzjonijiet ta’ mmaniġġjar kollettiv meta dawn jagħtu,

abbażi tal-aggregazzjoni volontarja tad-drittijiet meħtieġa,

f’konformità mar-regoli tad-dritt dwar il-kompetizzjoni taħt l-Artikoli

101 u 102 tat-TFUE, liċenza multiterritorjali għad-drittijiet onlajn

f’xogħlijiet mużikali meħtieġa minn xandar biex jikkomunika jew

jagħmel disponibbli għall-pubbliku l-programmi tar-radju jew

televiżivi tiegħu fl-istess ħin li dawn jixxandru max-xandira inizjali

tagħhom jew wara dik l-ewwel xandira, kif ukoll kull materjal ieħor

onlajn, inkluż wiri b’mod antiċipat,li jiġi prodott mix-xandar jew

għalih u li jkun anċillari mal-ewwel xandira tal-programm tar-radju

jew televiżiv tiegħu.

Titolu IV

Miżuri ta’ Infurzar

(1)

Organizzazzjonijiet ta’ mmaniġġjar kollettiv Proċeduri ta’

għandhom jagħmlu disponibbli għall-membri tagħhom, u għall- lmenti.

organizzazzjonijiet ta’ mmaniġġjar kollettiv li f’isimhom

jimmaniġġjaw id-drittijiet taħt xi ftehim ta’ rappreżentanza, proċeduri

biex jittrattaw l-ilmenti u biex isolvu t-tilwim b’mod effettiv u fil-ħin,

partikolarment fir-rigward tal-awtorizzazzjoni biex jimmaniġġjaw id-

drittiijiet u t-terminazzjoni jew l-irtirar tad-drittijiet, il-pattijiet ta’

adeżjoni, il-ġbir ta’ ammonti dovuti lid-detenturi tad-drittijiet, it-

tnaqqis u t-tqassim.

(2) Organizzazzjonijiet ta’ mmaniġġjar kollettiv għandhom

jirrispondu bil-miktub għall-ilmenti mressqa mill-membri jew mill-

organizzazzjonijiet ta’ mmaniġġjar kollettiv li f’isimhom ikunu

jimmaniġġjaw id-drittijiet taħt ftehim ta’ rappreżentanza. Meta l-

organizzazzjoni ta’ mmaniġġjar kollettiv tirrifjuta xi ilment, din

għandha tagħti r-raġunijiet għal dan.

(1)

It-tilwim bejn organizzazzjonijiet ta’ mmaniġġjar Proċeduri

kollettiv, membri tal-organizzazzjonijiet ta’ mmaniġġjar kollettiv, alternattivi

riżolviment ta’

detenturi tad-drittijiet jew utenti jistgħu jitressqu kemm għal tilwim.

medjazzjoni kemm għal arbitraġġ, hekk kif il-partijiet fit-tilwima

jistgħu jaqblu bejniethom.

(2) Għall-finijiet tat-Titolu III, dan it-tilwim li ġej li għandu

x’jaqsam mal-organizzazzjoni ta’ mmaniġġjar kollettiv stabbilit

f’Malta li toħroġ jew toffri li toħroġ liċenzi multiterritorjai għal

drittijiet onlajn f’xogħlijiet mużikali, jistgħu jitressqu kemm għal

medjazzjoni kemm għal arbitraġġ, hekk kif il-partijiet fit-tilwima

jistgħu jaqblu bejniethom

(a)

tilwimiet ma’ provditur tas-servizzi ta’ mużika

onlajn reali jew potenzjali dwar kif jiġu applikati r-regolamenti

20, 32, 33 u 34;

(b)

tilwimiet ma’ xi detentur tad-drittijiet wieħed jew

aktar dwar kif jiġu applikati r-regolamenti 32, 33, 34, 35, 36, 37

u 38;

(ċ)

tilwimiet ma’ xi organizzazzjoni ta’ mmaniġġjar

kollettiv oħra dwar kif jiġu applikati r-regolamenti 32, 33,34,

35, 36 u 37.

(2) The collective management organisation shall publish, and

keep up to date, on its public website the information referred to in

sub-regulation (1).

30. (1) (a) A collective management organisation, irrespective Annual

of its legal form under national law, shall draw up and make public an transparency

report.

annual transparency report, including the special report referred to in

sub-regulation (3), for each financial year no later than eight months

following the end of that financial year.

(b) The collective management organisation shall

publish on its website the annual transparency report, which shall

remain available to the public on that website for at least five years.

(2) The annual transparency report shall contain at least the

information set out in the First Schedule.

(3) A special report shall address the use of the amounts

deducted for the purposes of social, cultural and educational services

and shall contain at least the information set out in paragraph 3 of the

First Schedule.

(4) (a)

The accounting information included in the annual

transparency report shall be audited by one or more persons

empowered by law to audit accounts in accordance with Directive

2006/43/EC of the European Parliament and of the Council.

(b)

The audit report, including any qualifications

thereto, shall be reproduced in full in the annual transparency report.

(c)

For the purposes of this sub-regulation, accounting

information shall comprise the financial statements referred to in

paragraph 1(a) of the First Schedule and any financial information

referred to in paragraphs 1(g) and (h) and 2 of the First Schedule.

Title III

Multi-Territorial Licensing of Online Rights Iin Musical Works

by Collective Management Organisations

31. (1)

A collective management organisation, which is

established in Malta, which grants multi-territorial licences for online

rights in musical works, shall have sufficient capacity to process

electronically, in an efficient and transparent manner, data needed for

the administration of such licences, including for the purposes of

identifying the repertoire and monitoring its use, invoicing users,

collecting rights revenue and distributing amounts due to

rightholders.

(2) For the purposes of sub-regulation (1), a collective

management organisation shall comply, at least, with the following

conditions

(a)

to have the ability to identify accurately the

musical works, wholly or in part, which the collective

management organisation is authorised to represent;

(b)

to have the ability to identify accurately, wholly or

in part, with respect to each relevant territory, the rights and

their corresponding rightholders for each musical work or share

therein which the collective management organisation is

authorised to represent;

(c)

to make use of unique identifiers in order to

identify rightholders and musical works, taking into account, as

far as possible, voluntary industry standards and practices

developed at international or European Union level;

(d)

to make use of adequate means in order to identify

and resolve in a timely and effective manner inconsistencies in

data held by other collective management organisations

granting multi-territorial licences for online rights in musical

works.

32. (1)

A collective management organisation which

grants multi-territorial licences for online rights in musical works

shall provide to online service providers, to rightholders whose rights

it represents and to other collective management organisations, by

electronic means, in response to a duly justified request, up-to-date

information allowing the identification of the online music repertoire

it represents. This shall include

(a)

the musical works represented;

(b)

the rights represented wholly or in part; and

(c)

the territories covered.

(2) A collective management organisation may take

reasonable measures, where necessary, to protect the accuracy and

integrity of the data, to control their reuse and to protect

commercially sensitive information.

33. (1)

A collective management organisation which Accuracy of

grants multi-territorial licences for online rights in musical works multi-territorial

repertoire

shall have in place arrangements to enable rightholders, other information.

collective management organisations and online service providers to

request a correction of the data referred to in the list of conditions

under regulation 31(2) or the information provided under regulation

32, where such rightholders, collective management organisations

and online service providers, on the basis of reasonable evidence,

believe that the data or the information are inaccurate in respect of

their online rights in musical works. Where the claims are sufficiently

substantiated, the collective management organisation shall ensure

that the data or the information are corrected without undue delay.

(2) A collective management organisation shall provide

rightholders whose musical works are included in its own music

repertoire and rightholders who have entrusted the management of

their online rights in musical works to it in accordance with

regulation 38 with the means of submitting to it in electronic form

information concerning their musical works, their rights in those

works and the territories in respect of which the rightholders

authorise the organisation. When doing so, a collective management

organisation and the rightholders shall take into account, as far as

possible, voluntary industry standards or practices regarding the

exchange of data developed at international or Union level, allowing

rightholders to specify the musical work, wholly or in part, the online

rights, wholly or in part, and the territories in respect of which they

authorise the organisation.

(3) Where a collective management organisation mandates

another collective management organisation to grant multi-territorial

licences for the online rights in musical works under regulations 36

and 37, the mandated collective management organisation shall also

apply sub-regulation (2) of this regulation with respect to the

rightholders whose musical works are included in the repertoire of the

mandating collective management organisation, unless the collective

management organisations agree otherwise.

34. (1)

A collective management organisation shall Accurate and

monitor the use of online rights in musical works which it represents, timely

and invoicing.

wholly or in part, by online service providers to which it has granted a

multi-territorial licence for those rights.

(2) A collective management organisation shall offer online

service providers the possibility of reporting by electronic means the

actual use of online rights in musical works and online service

providers shall accurately report the actual use of those works. A

collective management organisation shall offer the use of at least one

method of reporting which takes into account voluntary industry

standards or practices developed at international or European Union

level for the electronic exchange of such data. A collective

management organisation may refuse to accept reporting by the

online service provider in a proprietary format if the organisation

allows for reporting using an industry standard for the electronic

exchange of data.

(3) A collective management organisation shall invoice the

online service provider by electronic means. A collective

management organisation shall offer the use of a least one format

which takes into account voluntary industry standards or practices

developed at international or European Union level. The invoice shall

identify the works and rights which are licensed, wholly or in part, on

the basis of the data referred to in the list of conditions under

regulation 31(2), and the corresponding actual uses, to the extent that

this is possible on the basis of the information provided by the online

service provider and the format used to provide that information. The

online service provider may not refuse to accept the invoice because

of its format if the collective management organisation is using an

industry standard.

(4) A collective management organisation shall invoice the

online service provider accurately and without delay after the actual

use of the online rights in that musical work is reported, except where

this is not possible for reasons attributable to the online service

provider.

(5) A collective management organisation shall have in place

adequate arrangements enabling the online service provider to

challenge the accuracy of the invoice, including when the online

service provider receives invoices from one or more collective

management organisations for the same online rights in the same

musical work.

35. (1)

Without prejudice to the provisions of sub-

regulation (3), a collective management organisation which grants

multi-territorial licences for online rights in musical works shall

distribute amounts due to rightholders accruing from such licences

accurately and without delay after the actual use of the work is

reported, except where this is not possible for reasons attributable to

the online service provider.

(2) Without prejudice to the provisions of sub-regulation (3), a

collective management organisation shall provide at least the

following information to rightholders together with each payment it

makes under sub-regulation (1)

(a)

the period during which the uses took place for

which amounts are due to rightholders and the territories in

which the uses took place;

(b)

the amounts collected, deductions made and

amounts distributed by the collective management organisation

for each online right in any musical work which rightholders

have authorised the collective management organisation, wholly

or in part, to represent;

(c)

the amounts collected for rightholders, deductions

made, and amounts distributed by the collective management

organisation in respect of each online service provider.

(3) Where a collective management organisation mandates

another collective management organisation to grant multi-territorial

licences for the online rights in musical works under regulations 36

and 37, the mandated collective management organisation shall

distribute the amounts referred to in sub-regulation (1) accurately and

without delay, and shall provide the information referred to in sub-

regulation (2) to the mandating collective management organisation.

The mandating collective management organisation shall be

responsible for the subsequent distribution of such amounts and the

provision of such information to rightholders, unless the collective

management organisations agree otherwise.

36. (1)

Any representation agreement between collective Agreements

management organisations whereby a collective management between

collective

organisation mandates another collective management organisation to management

organisations

grant multi-territorial licences for the online rights in musical works for multi-

in its own music repertoire shall be of a non-exclusive nature. The territorial

licensing.

mandated collective management organisation shall manage those

online rights on a non-discriminatory basis.

(2) The mandating collective management organisation shall

inform its members of the main terms of the agreement, including its

duration and the costs of the services provided by the mandated

collective management organisation.

(3) The mandated collective management organisation shall

inform the mandating collective management organisation of the

main terms according to which the latter’s online rights are to be

licensed, including the nature of the exploitation, all provisions which

relate to or affect the licence fee, the duration of the licence, the

accounting periods and the territories covered.

37. (1)

Where a collective management organisation

which does not grant or offer to grant multi-territorial licences for the

online rights in musical works in its own repertoire requests another

collective management organisation to enter into a representation

agreement to represent those rights, the requested collective

management organisation shall be required to agree to such a request

if it is already granting or offering to grant multi-territorial licences

for the same category of online rights in musical works in the

repertoire of one or more other collective management organisations.

(2) The requested collective management organisation shall

respond to the requesting collective management organisation in

writing and without undue delay.

(3) Without prejudice to sub-regulations (5) and (6), the

requested collective management organisation shall manage the

represented repertoire of the requesting collective management

organisation on the same conditions as those which it applies to the

management of its own repertoire.

(4) The requested collective management organisation shall

include the represented repertoire of the requesting collective

management organisation in all offers it addresses to online service

providers.

(5) The management fee for the service provided by the

requested collective management organisation to the requesting

organisation shall not exceed the costs reasonably incurred by the

requested collective management organisation.

(6) The requesting collective management organisation shall

make available to the requested collective management organisation

information relating to its own music repertoire required for the

provision of multi-territorial licences for online rights in musical

works. Where information is insufficient or provided in a form that

does not allow the requested collective management organisation to

meet the requirements of this Title, the requested collective

management organisation shall be entitled to charge for the costs

reasonably incurred in meeting such requirements or to exclude those

works for which information is insufficient or cannot be used.

38. Where a collective management organisation does not Access to multi-

grant or offer to grant multi-territorial licences for online rights in territorial

licensing.

musical works or does not allow another collective management

organisation to represent those rights for such purpose by 10 April

2017, rightholders who have authorised that collective management

organisation to represent their online rights in musical works can

withdraw from that collective management organisation the online

rights in musical works for the purposes of multi-territorial licensing

in respect of all territories without having to withdraw the online

rights in musical works for the purposes of mono-territorial licensing,

so as to grant multi-territorial licences for their online rights in

musical works themselves or through any other party they authorise

or through any collective management organisation complying with

the requirements under this Title.

39. The requirements under this Title shall not apply to Derogation for

collective management organisations when they grant, on the basis of online

rights required

the voluntary aggregation of the required rights, in compliance with for

television

the competition rules under Articles 101 and 102 of the Treaty on the programmes.

Functioning of the European Union, a multi-territorial licence for the

online rights in musical works required by a broadcaster to

communicate or make available to the public its radio or television

programmes simultaneously with or after their initial broadcast as

well as any online material, including previews, produced by or for

the broadcaster which is ancillary to the initial broadcast of its radio

or television programme.

Title IV

Enforcement Measures

40. (1)

Collective management organisations shall make Complaints

available to their members, and to collective management procedures.

organisations on whose behalf they manage rights under a

representation agreement, effective and timely procedures for dealing

with complaints, particularly in relation to authorisation to manage

rights and termination or withdrawal of rights, membership terms, the

collection of amounts due to rightholders, deductions and

distributions.

(2) Collective management organisations shall respond in

writing to complaints by members or by collective management

organisations on whose behalf they manage rights under a

representation agreement. Where the collective management

organisation rejects a complaint, it shall give reasons.

41. (1)

Disputes

between

collective

management

organisations, members of collective management organisations,

rightholders or users may be submitted to either mediation or

arbitration, as agreed to by the parties to the dispute.

(2) For the purposes of Title III, the following disputes

relating to a collective management organisation established in Malta

which grants or offers to grant multi-territorial licences for online

rights in musical works can be submitted to either mediation or

arbitration, as agreed to by the parties to the dispute

(a)

disputes with an actual or potential online service

provider regarding the application of regulations 20, 32, 33 and

34;

(b)

disputes with one or more rightholders regarding

the application of regulations 32, 33, 34, 35, 36, 37 and 38;

(c)

disputes with another collective management

organisation regarding the application of regulations 32, 33,34,

35, 36 and 37.

42. (1)

Disputes

between

collective

management

organisations and users concerning, in particular, existing and

proposed licensing conditions or a breach of contract shall

be

submitted to the First Hall, Civil Court.

(2) Regulations 40 and 41 and sub-regulation (1) of this

regulation shall be without prejudice to the right of parties to assert

and defend their rights by bringing an action before a court.

(1)

Compliance

by

collective

management

organisations established in Malta with the provisions of national law

shall be monitored by the Copyright Board.

(2) Members of a collective management organisation,

rightholders, users, collective management organisations and other

interested parties shall notify the Copyright Board of activities or

circumstances which, in their opinion, constitute a breach of the

provisions herein.

(3) A notification as per sub-regulation (2) shall clearly

outline the activities or circumstances being claimed as being in

breach of the provisions of these regulations. As soon as possible

upon receiving such a notification, the Copyright Board shall -

(a)

forward a copy of this notification to the party

allegedly carrying out a breach of the provisions;

(b)

inform the party of the penalty of being found in

breach of such provisions;

(c)

request the party receiving this notification to file

its reaction within sixty days from the date of service of the

notification.

(4) The reply to the Copyright Board shall include

(a)

a clear indication of whether or not the party who is

allegedly in breach of these provisions is in agreement with the

notification;

(b)

if the party allegedly in breach of the provisions of

this legislation is not in agreement with the notification, detailed

grounds upon which the party is basing its disagreement.

(5) Non-observance of the deadline given by the Copyright

Board or the above requirements shall render the reply inadmissible.

As considered appropriate and where a breach is considered to have

taken place, the Copyright Board may serve a compliance notice on

that collective management organisation.

(6) A compliance notice -

(a)

shall state that the Board considers that the

collective management organisation has not complied with a

requirement imposed by the Act or its regulations;

(b)

shall specify the provision imposing

the

requirement and the nature of the non-compliance;

(c)

may request the collective management

organisation, where the non-compliance is continuing, to end it

within a specific period of time;

(d)

for the purpose of ensuring compliance by the

collective management organisation with the requirement, may

request the collective management organisation to do, or refrain

from doing, anything specified in the notice;

(e)

may request the collective management

organisation to give to the Board a written undertaking that non-

compliance with the requirement will not be repeated; and

(f)

shall inform the collective management

organisation that failing to comply may result in an revocation

notice as per sub-regulation (7) or a penalty as per sub-

regulation (8).

(7) If the Board is satisfied that a collective management

organisation has failed to comply with a request included in a

compliance notice under sub-regulation (6)(c) or (d), or with an

undertaking given in compliance with a request so included under

sub-regulation (6)(e), the Board may serve an revocation notice on

the collective management organisation or else impose a penalty.

(8) In deciding whether to serve a revocation notice or penalty

notice the Board must have regard to the nature of the failure of

compliance.

(9) A penalty may comprise of either -

(a)

a sum not exceeding five thousand euro (€5,000);

or

(b)

a sum not exceeding five hundred euro (€500)

together with a sum not exceeding fifty euro (€50) for each day

that the collective management organisation continues to fail to

comply with its obligations under these regulations, not

exceeding in total five thousand euro (€5,000).

(10) A revocation notice or penalty notice shall be in writing

and shall -

(a)

state the grounds on which the Board has deemed

that the collective management organisation has failed to

comply with the request or undertaking referred to in the

compliance notice;

(b)

inform the collective management organisation that

the board will be revoking the authorisation to act as a collective

management organisation or that the board will be imposing a

penalty within thirty working days from the date of service of

the notice unless an appeal is brought as per sub-regulation (9).

(11) The collective management organisation may, within thirty

days from the date of service of the revocation notice or penalty

notice, appeal against the revocation or penalty to the Court of

Appeal.

(12) If the collective management organisation brings an appeal

which is unsuccessful, when the appeal is finally determined, the

revocation shall take effect or the penalty shall be imposed as the

case may be.

(1)

A request for information received from a Exchange of

competent authority of another Member State, designated for that information

between

purpose, concerning matters relevant to the application of these competent

authorities.

regulations, in particular with regard to the activities of collective

management organisations established in Malta, is responded to

without undue delay by the Copyright Board, provided that the

request is duly justified.

(2) Where the Copyright Board considers that a collective

management organisation established in another Member State but

acting in Malta may not be complying with the provisions of the

national law of the Member State in which that collective

management organisation is established, it may transmit all relevant

information to the competent authority of the Member State in which

the collective management organisation is established, accompanied

where appropriate by a request to that authority that it take

appropriate action within its competence. The requested competent

authority shall provide a reasoned reply within three months.

(3) Matters as referred to in sub-regulation (2) may also be

referred by the Copyright Board making such a request to the expert

group established in accordance with Article 41 of Directive 2014/26/

EU.

The Control of the Establishment and Operation of Societies Revocation of

for the Collective Administration of Copyright Regulations, 2003, are the

the

hereby revoked without prejudice to anything done or omitted to be Establishment

and Operation

done thereunder.

of Societies for

the Collective

Administration

of Copyright

Regulations,

2003. L.N. 425 of

2003. First Schedule

1. Information to be provided in the annual transparency

report referred to in Regulation 30(2)

(a)

financial statements comprising a balance-sheet or

a statement of assets and liabilities, an income and expenditure

account for the financial year and a cash-flow statement;

(b)

a report on the activities in the financial year;

(c)

information on refusals to grant a licence pursuant

to regulation 20(3);

(d)

a description of the legal and governance structure

of the collective management organisation;

(e)

information on any entities directly or indirectly

owned or controlled, wholly or in part, by the collective

management organisation;

(f)

information on the total amount of remuneration

paid to the persons referred in regulations 13(3) and 14 in the

previous year, and on other benefits granted to them;

(g)

the financial information referred to in paragraph 2

of this Schedule;

(h)

a special report on the use of any amounts deducted

for the purposes of social, cultural and educational services,

containing the information referred to in paragraph 3 of this

Schedule.

2. Financial information to be provided in the annual

transparency report

(a)

financial information on rights revenue, per

category of rights managed and per type of use (e.g.

broadcasting, online, public performance), including

information on the income arising from the investment of rights

revenue and the use of such income (whether it is distributed to

rightholders or other collective management organisations, or

otherwise used);

(b)

financial information on the cost of rights

management and other services provided by the collective

management organisation to rightholders, with a comprehensive

description of at least the following items

(i) all operating and financial costs, with a

breakdown per category of rights managed and, where

costs are indirect and cannot be attributed to one or more

categories of rights, an explanation of the method used to

allocate such indirect costs;

(ii) operating and financial costs, with a

breakdown per category of rights managed and, where

costs are indirect and cannot be attributed to one or more

categories of rights, an explanation of the method used to

allocate such indirect costs, only with regard to the

management of rights, including management fees

deducted from or offset against rights revenue or any

income arising from the investment of rights revenue in

accordance with regulations 15(4) and 16(1), (2) and (3);

(iii) operating and financial costs with regard to

services other than the management of rights, but including

social, cultural and educational services;

(iv) resources used to cover costs;

(v) deductions made from rights revenues, with a

breakdown per category of rights managed and per type of

use and the purpose of the deduction, such as costs relating

to the management of rights or to social, cultural or

educational services;

(vi) the percentages that the cost of the rights

management and other services provided by the collective

management organisation to rightholders represents

compared to the rights revenue in the relevant financial

year, per category of rights managed, and, where costs are

indirect and cannot be attributed to one or more categories

of rights, an explanation of the method used to allocate

such indirect costs;

(c)

financial information on amounts due to

rightholders, with a comprehensive description of at least the

following items

(i) the total amount attributed to rightholders,

with a breakdown per category of rights managed and type

of use;

(ii) the total amount paid to rightholders, with a

breakdown per category of rights managed and type of use;

(iii) the frequency of payments, with a breakdown

per category of rights managed and per type of use;

(iv) the total amount collected but not yet

attributed to rightholders, with a breakdown per category

of rights managed and type of use, and indicating the

financial year in which those amounts were collected;

(v) the total amount attributed to but not yet

distributed to rightholders, with a breakdown per category

of rights managed and type of use, and indicating the

financial year in which those amounts were collected;

(vi) where a collective management organisation

has not carried out the distribution and payments within

the deadline set in regulation 17(1), the reasons for the

delay;

(vii) the total non-distributable amounts, along

with an explanation of the use to which those amounts

have been put;

(d)

information on relationships with other collective

management organisations, with a description of at least the

following items

(i) amounts received from other collective

management organisations and amounts paid to other

collective management organisations, with a breakdown

per category of rights, per type of use and per organisation;

(ii) management fees and other deductions from

the rights revenue due to other collective management

organisations, with a breakdown per category of rights, per

type of use and per organisation;

(iii) management fees and other deductions from

the amounts paid by other collective management

organisations, with a breakdown per category of rights and

per organisation;

(iv) amounts distributed directly to rightholders

originating

from

other

collective

management

organisations, with a breakdown per category of rights and

per organisation.

3. Information to be provided in the special report referred to

in regulation 30(3)

(a)

the amounts deducted for the purposes of social,

cultural and educational services in the financial year, with a

breakdown per type of purpose and, for each type of purpose,

with a breakdown per category of rights managed and per type

of use;

(b)

an explanation of the use of those amounts, with a

breakdown per type of purpose including the costs of managing

amounts deducted to fund social, cultural and educational

services and of the separate amounts used for social, cultural

and educational services.

Second Schedule

Schedule of Fees

i.

Fee for a request for approval of a collective

management organisation (Regulation 8)

ii. Fee for submission of objection to the request for

the tariffs (Regulation 9(1)(d))

iii. Fee for submission of missing documentation

(Regulation 9(1)(c))

iv. Fee for submission of a new set of tariffs

(Regulation 10)

v. Fee for request for information (Regulation 21(3))

B

€3.78