Article 1244: State accreditation of collective rights management organizations

1. A collective rights management organization may be accredited by the State to the following areas of collective governance: (1) management to exclude rights to published music works (with or without text) and excerpts of music and drama works with respect to their public performance, broadcast or ka (art. 1270, para. 2, paras. 6 — 8.1); (2) The exercise of the rights of authors of music works (with or without text) used in audiovisual pronunciations to receive remuneration for public performance or to broadcast or cable, including by rebroadcast, such audio-visual work (art. 1263, para. 3); The exercise of the right to follow in respect of the work of the visual arts, as well as the works of the literary and musical works of the authors (autographs) (art. 1293); (4) the exercise of the rights of the auto vehicle (art. 1245); 5) In the case of the author of the communication, the author of the communication and the author of the communication must be informed of the fact that the author of the communication is not entitled to the benefit of the author ' s claim. The rights of the performers to be paid for public performance, as well as for reporting on air or cable phonograms published for commercial purposes (art. 1326) have been implemented. and the rights of producers of phonograms to remuneration for public performance, as well as to broadcast or cable phonograms published for commercial purposes (art. 1326); no exclusive rights to works of literature, visual arts, decorative and applied art, photographic works, works obtained in ways similar to fo ===Tiographs, musical works (with or without text), phonograms and performances, the authors or other rights holders of which are presumed to be unknown (arts. 1280.1 to 1306.1). The reform shall be carried out on the basis of the principles of openness of procedure and consideration of the views of the persons concerned, including the rights holders, in a manner to be determined by the Government of the Russian Federation. Only one rights management organization may receive voluntary accreditation to carry out activities in each of the areas of collective governance referred to in paragraph 1 of this article. Collectively, the Collective Rights Management Organization can obtain State accreditation for one, two or more areas of collective action. 3. The activities of an accredited organization shall not be subject to the restrictions provided for in the law of competition. On the administration of rights collectively accredited by the State (a accredited organization) is entitled to administer the rights of the rights holders with whom it has concluded contracts in accordance with article 1242, paragraph 3, of the present Code, to administer rights and collect remuneration for rights holders with whom it does not have such contracts The existence of an accredited organization does not preclude the establishment of other collective rights management organizations, including in the areas of collective governance referred to in paragraph 1 of the Constitution. Such organizations may enter into contracts with users only for the benefit of rights holders who have granted them the power to administer rights in accordance with paragraph 3 (c) of the Convention. 4. A right holder who has not concluded a contract with an accredited organization for the transfer of power to administer rights (paragraph 3 of this article) shall be entitled at any time. The right holder must notify the accredited organization in writing of his decision. Absent the administration of an accredited organization only part of copyright or related rights and (or) the objects of those rights, it must provide it with a list of such excluded rights and (or) a list of the rights to which it is entitled. After three months from the date of receipt of the notification by the right holder, the accredited organization is obliged to exclude the rights and/or objects specified by it from all contracts. The accredited organization is required to pay the right holder the remuneration received from the public information system. 5. An accredited organization is obliged to take part in the proceedings under article 1243, paragraph 4, of the Code. Mother reasonable and sufficient measures to establish rights holders entitled to remuneration under the licence and insurance agreements concluded by the organization If an object of copyright or related rights is identified, the author or other right holder of which is presumed to be unknown, the accredited organization is obliged to provide the set-up. I refer to this facility of an accredited organization that administers exclusive rights over copyright and related rights, the authors or other rights holders of which are presumed to be unknown. and (art. 1244.2). Unless otherwise provided by law, an accredited organization is not entitled to refuse membership in the organization to a right holder entitled to receive a soo remuneration. 6. Accredited organizations carry out their activities under the supervision of the Commissioner. The Federal Executive, which exercises control and supervision over copyright and related rights (the authorized federal executive body). Allter (financial) accounts of an accredited organization, annual (financial) accounts of special funds established by it as legal entities are subject to mandatory audit and shall be disclosed by placing it, together with the audit opinion, on the official Internet site of the accredited organization no later than ten working days following the date of receipt of a Information on such accommodation, including the date of placement, shall be submitted by the accredited organization to the Commissioners. The annual accounting (financial) report and audit report shall be available within three working days following the day of placement. The accredited organizations are required to represent each year to an authorized federal body and to submit their names to the accredited organization on the Internet within five years of the date of placement. The executive branch shall report on its activities in a form approved by an authorized federal executive body. Their activities, including the methodology used to collect and distribute the remuneration collected, as well as the activities of the special funds established by them as legal entities. 7. The model statute is accredited by the Government of the Russian Federation. 8. Except in the cases provided for in article 1243, paragraph 4.1, of the present Code, Exa, nominally, remuneration not claimed by the right holder for three years, beginning on 1 January following the year in which the remuneration was distributed An accredited organization shall be included in the amounts to be apportioned, subject to the measures provided for in paragraph 5 of this article.