Article 46. Obligations of organizations for the collective management of the rights of the Copyright and Related Rights Act

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1. The activities of an organization managing property rights on a collective basis are carried out in the interests of the holders of copyright and related rights represented by such an organization.

For these purposes, the organization must:

1) simultaneously with the payment of remuneration, submit reports to copyright and related rights holders through their personal account on the organization's Internet resource and a single digital platform containing information on the use of their rights, including the amount of remuneration collected and the amounts deducted from it.;

1-1) use a single digital platform;

2) use the remuneration collected in accordance with the provisions of subparagraph 4) of Article 45 of this Law for distribution and payment to holders of copyright and related rights. Remuneration should be distributed and paid fairly, without discrimination based on nationality, country of residence, category of copyright holder and other grounds. At the same time, the organization has the right to deduct from the collected remuneration the amounts to cover its actual expenses for collecting, distributing and paying such remuneration, as well as the amounts that are sent to special funds created by this organization with the consent and in the interests of the copyright and related rights holders represented by it. The amounts to cover their actual expenses for collecting, distributing and paying remuneration, as well as those allocated to special funds, should not exceed twenty percent of the total amount of remuneration collected. The actual costs of the organization for collective rights management include, among other things, the actual costs of using a single digital platform in accordance with the procedure determined by the authorized body. When concluding agreements on mutual representation of interests between organizations for the collective management of rights, the expenses of the organizations are determined by agreement of the parties within the limits of the amount of the organization's expenses established by this subparagraph. Repeated deduction from the amount of the collected remuneration received from another organization is not allowed.

At the same time, the amounts to cover their actual expenses for collecting, distributing and paying remuneration should be made in proportion to each amount owed to each copyright holder.;

2-1) to enter into a single digital platform information about the collected, distributed, paid remuneration, as well as remuneration aimed at covering the costs of the organization for collective management of rights, in the manner and in the form determined by the authorized body;

3) distribute and pay the collected remuneration amounts at least once a quarter to Kazakhstani holders of copyright and related rights and at least once a year to foreign organizations managing similar rights, less the amounts specified in subparagraph 2) of this paragraph, in proportion to the actual use of works and objects of related rights. At the same time, the organization is obliged to take measures to identify the right holders who are entitled to receive remuneration in accordance with the licensing agreements and remuneration agreements concluded by this organization, including organizations for the collective management of the rights of organizations managing property rights on a collective basis, mass media distributed throughout the territory of the Republic of Kazakhstan.;

4) to form registers containing information about copyright holders, about the rights transferred to its management, as well as about objects of copyright and related rights. The information contained in such registers is provided to all interested parties, with the exception of information that, in accordance with the law, cannot be disclosed without the consent of the copyright holder.;

5) create an online resource in order to inform about the activities of an organization that manages property rights on a collective basis, ensure the availability of the Internet resource around the clock, the openness of information posted on it, as well as the provision of such information free of charge;

6) post information on the rights transferred to its management on the Internet resource and the unified digital platform in accordance with the procedure determined by the authorized body.

7) post information about the organization's representatives on its Internet resource and a single digital platform;

8) publish reports sent to the authorized body in the mass media distributed throughout the territory of the Republic of Kazakhstan, on its Internet resource and a single digital platform.;

9) post on its Internet resource and a single digital platform information about contracts concluded with users, including the name of the user and his location, as well as the date of conclusion of such an agreement;

10) conclude agreements on mutual representation of interests with organizations managing property rights on a collective basis in the territory of the Republic of Kazakhstan;

11) notify the authorized body in writing or in the form of a digital document of the time and place of the general meeting no later than ten working days before the date of the general meeting, as well as provide access to it.

12) post it on a single digital platform no later than ten working days:

amendments to the charter and other constituent documents of such an organization registered with the judicial authorities;

copies of concluded bilateral and multilateral agreements on mutual representation of interests with foreign organizations managing similar rights;

copies of the resolutions of the general meeting.

1-1. An organization managing property rights on a collective basis is obliged to involve an independent audit organization at least once every two years to audit its accounting (financial) statements, as well as to verify the management and documentation of transactions with money during the collection, distribution and payment of remuneration, and the compliance of the distribution of collected remuneration with the requirements provided for by an approved organization. methodology, accounting for targeted receipts and payments made from special funds, compliance with other requirements, requirements for the activities of such an organization and established by this article.

An organization managing property rights on a collective basis is obliged to publish on its Internet resource and a single digital platform, within one month from the date of approval (signing), an audit report and audit results along with relevant accounting (financial) statements, which must be publicly available to copyright holders for five years.

Accounting (financial) statements and other information provided for in the first part of this paragraph, which are subject to audit and verification, may not be classified as information containing confidential information, commercial or other legally protected secrets.

The costs of conducting an audit and verification are included in the expenses of the organization managing property rights on a collective basis.

2. Holders of copyright and related rights who have not granted the authority of an organization managing property rights on a collective basis with respect to collecting remuneration provided for in subparagraph 4) of Article 45 of this Law have the right to require it to pay the remuneration due to them in accordance with the distribution, as well as to exclude their works and objects of related rights from permits. provided by this organization to users.

Upon the expiration of three months from the date of receipt of the relevant notification from the owner of copyright and (or) related rights, the organization managing property rights on a collective basis is obliged to exclude the rights and (or) objects indicated by them from license agreements with all users and post information about this in the mass media distributed throughout the territory of the Republic of Kazakhstan, on its Internet resource and a single digital platform. An organization managing property rights on a collective basis is obliged to pay the owner of copyright and (or) related rights the remuneration due to him, received from users in accordance with previously concluded license agreements, and submit a report to him.

An organization managing property rights on a collective basis, from whose repertoire works and objects of related rights have been excluded by the holders of copyright and related rights, is not entitled, after the expiration of the period specified in part two of this paragraph, to grant users permission to use them.

3. The collective rights management organization is obliged to open a current account with the bank for collecting, distributing, paying and storing remuneration and a current account for carrying out its activities and covering the actual expenses of the organization.

Transactions on these accounts are carried out exclusively in non-cash form in accordance with the legislation of the Republic of Kazakhstan and in accordance with the directions established by the authorized body.

4. The collective rights management organization is obliged to ensure that information on the movement of money on the current account is posted on a single digital platform for collecting, distributing, paying and storing remuneration in order to ensure the targeted use of the collected remuneration, as well as ensuring the completeness of taxes to the budget in accordance with the procedure determined by the rules.

The Law of the Republic of Kazakhstan dated June 10, 1996 No. 6-I.

President

Republic of Kazakhstan

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