Today it is impossible to imagine the operation of TV Company without the use of music. And it’s not only the songs or videos that are broadcasted between programs (and in the case of music channels – non-stop), but also background music in the shows, music in commercials, movies, TV shows, etc.
The overwhelming majority of radio stations are based on the diverse of musical content. Music creates an image of radio and affects the range of its audience. Moreover, the music is often played in radio commercials.
Cable operators (program service providers) provide access to its subscribers to a large number of television programs and radio channels. As a result of their work the object of copyright is communicated to the public by retransmission.
Users (payers of royalties) for the right to use the works by communication to the public on the air and / or cable, including the retransmission are:
– Radio companies that perform aerial Radio broadcasting (wire, cable) under a license issued by the National Council of Ukraine on Television and Radio Broadcasting.
– TV channels that perform aerial TV broadcasting (including satellite), in accordance with the license issued by the National Council of Ukraine on Television and Radio Broadcasting.
– Program service providers (operators, providers of telecommunications) that provide software services to subscribers, namely the ability to view TV programs using resource of multichannel cable networks, and multi-channel digital television networks, including the use of technologies such as “MITRIS”, “MMDS”, “Telecelo “, digital multiplexes, etc. in accordance with the licenses issued by the National Council of Ukraine on Television and Radio Broadcasting.
Resolution of the 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”, where, in accordance with Articles 15 and 37 of the Law of Ukraine “On Copyright and Related Rights” (3792-12) The Cabinet of Ministers of Ukraine decided to approve the minimum rates of remuneration (royalty) for communication to the public or retransmission (repeated public disclosure) of works of science, literature and art including those contained in phonograms and (or) videograms (Section B, Annex 1 above).
| TV and radio companies | Works of science, literature and art, public communication of which is performed in the programs of aerial, satellite television or radio broadcasting. (Annex 1, paragraph 26) |
2% of income derived from the activity, during which the public communication of the said programs and works is performed |
| Providers of program services | Works of science, literature and art, including computer programs and databases, public communication of which is carried out in the cable TV and (or) radio broadcasting or in the Internet. (Annex 1, paragraph 27) |
5% of income derived from the activity, during which the public communication of the said programs and works |
Section dealing with users of the “small rights” Users (payers of royalties) shall obtain permission from UACRR to use works by signing a license agreement with UACRR and pay royalties for providing the right for public communication on the air and / or cable, including by retransmission to the public by radio and television. The set rates of remuneration are indicated for a single user, which is identified by the broadcasting network, the single name (callsign), logo license of the National Council of Ukraine on Television and Radio Broadcasting. Rates do not depend on the ratio of the number of purchased or own programs, the number of channels retransmitted.
For contract or advice please refer to the following contacts:
Yulia Stophai
Chief specialist of “small rights” users section
Tel.: (044)235-32-88
+38-067-506-4367
+38-063-991-5371
Chief Specialistof “small rights” users section
Teplyuk Natalia
Tel.: (044) 230-93-57
+38-067-506-4367
+38-067-833-1551