Copyright and related rights are administered collectively when the administration covers a range of authors works or subject matter of related rights, and simultaneously a number of right holders associated with them. Collective management of copyright is carried out by collective associations for managing licensed rights by the Ministry of Culture, Youth and Sports.
Collective management and the practical effects
Only through collective management can be distributed the works of local and foreign authors to the public in the easiest way possible. A concrete example, a radio which broadcasts music, what is the probability that the same to get the permission from all authors and rights holders? Collective Management provides the real possibility that a radio of such, can make the transmission in accordance with the law on copyright. Also, televisions broadcast a large number of works of the author, or in the case of music, how would it be possible to get permission from all right holders? The best and easiest way is through the collective management associations. The same is happens with cable operators that retransmit various programs. The only and the most practical way, is to make agreements with associations for collective administration, and in this way is povided the legal transmission and retransmission. So, for practical needs and legal causes it is very important that in Kosovo functions the collective management and authors, performers, producers, broadcasters etc. receive their respective compensations.
The Association for the collective management of rights is a legal entity, registered to collectively manage copyright and related rights in Kosovo and it is governed by its members. The Associations negotiate the fees for using protected works of copyright and related rights, enter into agreements for the use of protected works by the users and on behalf of right holders they collect revenues and distribute the same to the right holders.
The cost of the association for collective management of rights
In accordance with the statute of the association and the decision of the Governing Board a portion of the revenue collected will be separated to cover expenses of the collective association for management of rights. In accordance with the statute and decisions of the Assembly of the association, the association establishes the fund for the purpose of cultural activities of special importance, health care and social status of its members. For the fund provided the association for collective management of rights shares 10% of the total amount of revenue collected within one year from the users of protected material.
Evidence and calculation
Association for the collective management of rights is obliged to keep and maintain records and supporting documents for all relevant facts concerning the collection of royalties, the calculation of inputs and outputs as well as drafting the annual work report with accurate and comprehensive data. At least 30 members of the association may require the financial audit of the work of the association.
Administrative supervision of the work of the association for collective management of rights Office of Copyright and Related Rights monitors the activity of the association. Office may at any time require from the collective association any information or documents related to the association, including the functioning and expenditure of special funds, if available. The Office may appoint one or more of its representatives to participate in meetings of the Assembly and other bodies of collective associations with the right to speak, but without the right to vote.
Total fees and tariff agreements
Total fees mean the amount of compensation to be paid by the users for various forms of using protected material. General fees are proposed by the governing board of the association and are approved by the Assembly of the association. The proposed tariffs are subject to negotiation with users organizations, if agreement is not reached during the negotiations the parties are obliged to propose a mediator. If mediation does not result in reaching an agreement, total fees are subject to approval by the Government of the Republic of Kosovo.
Distribution of funds collected
Royalties collected are distributed to the right holders in proportion to the actual share from the use of their protected materials in royalties the associations have collected from the use of protected materials. When the share of right holders is determined, in the royalties collected is taken into account the category of materials protected, forms and measures of use of the protected matter. Distribution of royalties collected from users of protected materials, is conducted by the association at least once a year.