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The Supervision of Collecting Societies in Austria

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Presentation on theme: "The Supervision of Collecting Societies in Austria"— Presentation transcript:

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

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

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

4 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 The Supervision of Collecting Societies in Austria

5 Organisation and Personnel
The Supervision of Collecting Societies in Austria

6 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 The Supervision of Collecting Societies in Austria

7 Supervisory Actions The Supervision of Collecting Societies in Austria

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

9 Provisions and Sanctions
The Supervision of Collecting Societies in Austria

10 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“ The Supervision of Collecting Societies in Austria

11 Funding The Supervision of Collecting Societies in Austria

12 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 The Supervision of Collecting Societies in Austria

13 Informational Activities
The Supervision of Collecting Societies in Austria

14 Informational Activities
Website by Authority all public(!) information by CS decisions by KommAustria decisions by Copyright Senate The Supervision of Collecting Societies in Austria


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