Concert activity

During the concert artists perform more than a dozen of works, each of which may have several authors, each of whom is entitled to receive their royalties.

Since in accordance with Article 2 of the Law “About the touring activities in Ukraine” is determined that the organizers of tour events (concerts) are responsible for compliance with the legislation of Ukraine on Copyright and Related Rights. This is anorganizers who shall enter into license agreement for the right of public performance.

The contract shall be concluded and the royalties shall be paid regardless if admission is made according to purchased tickets or the event is free for spectators.

Amount of royalties is calculated in accordance with the Resolution of Cabinet of Ministers of Ukraine on January 18, 2003 № 72 “On approval of the minimum rates of remuneration (royalty) for the use of copyright and related rights”. According to the resolution, the minimum rates of remuneration during the touring activities are interest rates (royalties) are charged as a percentage of gross collection deriving from the sale of tickets for the public performance of one work or a program or income derived from the use of the works and in the absence of such income — as a persentage of total cost of holding the event where literary and (or) art works are used.

Public performance of works Royalty*
Paid admission
At the concerts of symphonic, vocal-symphonic, chamber works and works for folk instruments.
(Annex 1, item 15)
14%
From the gross income derived from the sale of tickets
At the concerts from other than those specified in paragraph 1, products, including theatrical, pop and Christmas performances, balls, shows, variety programs, etc.
(Annex 1, item 16)
5%
From the gross income derived from the sale of tickets
At the sporting events, demonstrations athletes, fashion shows, presentations, festivals and competitions with paid entrance
(Annex 1, claim 23)
2%
From the gross income derived from the sale of tickets
In the theatrical, pop, Christmas tree representations with continuous storyline.
(Annex 1, item 24)
6%
From the gross income derived from the sale of tickets
Free admission
Музыкальные произведения с текстом или без текста, произведения (как в случае выполнения произведений исполнителями, так и при выполнении произведений в записи в местах с бесплатным входом)
(Приложение 1, п.22)
1%
income derived from the activity, during which the works are used
and in the case of absence of such income
2.5%
of the total expenditure on holding the event by organizer

Additionally:
In the case of alternate or simultaneous use of works of art and literature referred to in the paragraphs 16, 21 , 22 and 25 of the Annex, the minimum interest rate (royalties) are charged separately for each type of use of the work.

If in the concert program, along with variety works at least one grand symphony or vocal – symphonic work (symphonies, oratorios, cantatas, symphonic poem or overture, instrumental concert with an orchestra, etc.) or chamber piece of a grand form (trio, quartet, quintet, sonata) or multipart work of folk instruments is performed, the minimum interest rate (royalty) is charged as established by paragraph 15 of the Annex. In other cases of performing the composed concert program, which includes both symphonic, vocal – symphonic and chamber works of “small rights”, works of folk instruments, and other works (literary, pop, etc.), a minimum interest rate (royalty) is applied as specified in paragraph 16 of the Annex.
During the performance of the works of the original genre which are accompanied by a literary text minimum interest rates (royalties) are applied as set by paragraph 16 of the Annex.

For contract or advice please refer to the following contacts:

Daria Rachitskaya
Chief specialist of “small rights” users section

тел.моб.: (093) 611-36-76
тел. моб.: (095) 655-61-39

Chief Specialistof “small rights” users section
Teplyuk Natalia
Tel.: (044) 230-93-57
+38-067-506-4367
+38-067-833-1551