In accordance with Part 4 of Section VI “Final and Transitional Provisions” of the Law of Ukraine “On Effective Management of the Rights of Owners in the Sphere of Copyright and (or) Related Rights”, the Institution (Ministry of Economic Development and Trade) within fourteen months from the date of entry into force of this Law is obligated to take measures to bring collective management of property rights by the State Organization “Ukrainian Agency for Copyright and Related Rights” (hereinafter referred to as the SO “UACRR”) in accordance with requirements of this Law. Institution for this:
1) within three months from the date of entry into force of this Law organizes the convening of a meeting of delegates from among the legal owners – individuals who have transferred to the SO “UACRR” management of their property rights. In the specified meeting delegates have the right to take part:
a) persons delegated by all-Ukrainian creative unions, which the Cabinet of Ministers of Ukraine has granted the status of national (together not more than 33 delegates);
b) persons who according to the statute of the SO “UACRR” in the wording, valid as of January 1, 2018, have the status of a member of the Council of Authors (together not more than 5 delegates);
c) persons selected on the basis of the results of the rating voting conducted by the Office, which are the authors and have valid agreements with the SO “UACRR” regarding the management of their respective copyrighted property rights as of the date of entry into force of this Law, in an amount not exceeding 11 persons.
The procedure for such rating voting is proposed to the SO “UACRR” and approved by the Office at the same time as the Ministry of the approval of the minimum number of works and the maximum number of authors of the corresponding types of works for the purposes of rating voting, as provided by this paragraph.
The Institution approves and publishes on the official website of the Institution a list of participants in the meeting of delegates;
2) after approval by the meeting of delegates the decision on registration of a public organization whose purpose is collective management of rights – provides methodological and organizational support in the implementation of registration of a public organization, registration of the collective management organization;
3) together with the SO “UACRR”, addresses individuals (including rights holders, other collective management organizations, including similar foreign organizations, international associations), with which contracts have been concluded to the SO “UACRR” with a proposal to replace the aforementioned public organization as a party the contract instead of the SO “UACRR”;
4) ensures the transfer to the aforementioned public organization of the information, information, including information databases, which belong to the SO “UACRR” and objectively necessary for the implementation of collective management.
5) After accreditation of collective management organizations in the areas provided for in paragraphs four and five fifth indents and paragraphs four and five of the sixth article 11 of this Law, the Institution shall liquidate the SO “UACRR” in accordance with the procedure established by law.
Thus, the liquidation of SO “UACRR” in accordance with Part 4 of Section VI “Final and Transitional Provisions” of the Law of Ukraine “On Effective Management of the Rights of Owners in the Sphere of Copyright and (or) Related Rights” is possible only after all the above-mentioned measures.
It is to be informed that on December 3 of this year at 16:00 a meeting of delegates from the number of legal owners – individuals, who transferred the property rights to the SO “UACRR” to the Ministry of Economic Development and Trade (Hrushevsky 12/2, 4th floor, room number 459), entrance through 6 entrances (participants of the meeting of delegates need to apply to the Bureau of passes and have a passport with them).
To date, the State Organization “UACCR” (Certificate of Accounting for the certificate of collective management № 3 dated August 22, 2003) operates in the usual mode and continues to fulfill the powers entrusted to it in relation to ensuring the rights and legitimate interests of authors and right holders. At the same time, we draw the attention of the creative community, authors, owners and users to the fact that in order to avoid manipulations on the part of those who try to tarnish the business reputation of the SO “UACRR”, we ask to check the statutory documents and certificates of the collective management organization from the persons who to you apply.