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