The Supervision of Collecting Societies in Austria

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Presentation transcript:

The Supervision of Collecting Societies in Austria Florian Philapitsch KommAustria, Deputy Head

Why Supervision of Collecting Societies? 07.12.2018 The Supervision of Collecting Societies in Austria

Collecting Societies in Austria currently eight societies total revenue per year: ca. 190 Mio € total number of members/rightholders: 70.000 Collecting Societies Act: 1936 → 2006 07.12.2018 The Supervision of Collecting Societies in Austria

Why Supervision of Collecting Societies? monopoly for CS in Austria risk of misfeasance counterbalance to monopoly [Creation of Credibility] principle of legality supervision ex officio 07.12.2018 The Supervision of Collecting Societies in Austria

Organisation and Personnel 07.12.2018 The Supervision of Collecting Societies in Austria

Organisation and Personnel Kommunikationsbehörde Austria (KommAustria) Austrian Communications Authority Federal Chancellory „KommAustria as Supervisory Authority for CS“ three people deputy head of KommAustria one assistant, one secretary 07.12.2018 The Supervision of Collecting Societies in Austria

Supervisory Actions 07.12.2018 The Supervision of Collecting Societies in Austria

Supervisory Actions Control of Compliancy with legal stipulations Operating License Mergers CS‘ Duty of Disclosure Participation in CS‘ meetings Intermediation CS‘ Duty of Notification 07.12.2018 The Supervision of Collecting Societies in Austria

Provisions and Sanctions 07.12.2018 The Supervision of Collecting Societies in Austria

Provisions and Sanctions Official Decisions and Notifications Official Mandates „simple“ Mandate Mandate by Decision Sanctions Mandate to dismiss organ in charge Revocation of Operating License Public Criminal Law (fines) no „Selbsteintrittsrecht“ 07.12.2018 The Supervision of Collecting Societies in Austria

Funding 07.12.2018 The Supervision of Collecting Societies in Austria

Funding by CS and parties of joint agreements € 290.000 per year ¼ contracting parties of joint agreements ¼ CS equally ¼ CS depending on revenue ¼ CS depending on number of members 07.12.2018 The Supervision of Collecting Societies in Austria

Informational Activities 07.12.2018 The Supervision of Collecting Societies in Austria

Informational Activities Website by Authority all public(!) information by CS decisions by KommAustria decisions by Copyright Senate www.rtr.at 07.12.2018 The Supervision of Collecting Societies in Austria