4
AsDAC – F.Ip(vie), pagi.1 License IP(vie) no. 001 on public performance of published works (for organizers of concerts, shows, sporting competitions, of other events, theatres etc.) ”28” January 2015 mun. Chisinau The undersigned: "Copyright and Related Rights Association" of the Republic of Moldova (AsDAC), identified by state identification number-fiscal code 1010620009034, represented by its General Director Miss Angela STROICI, acting on the basis of its Statute registered by Ministry of Justice on 16 March 2000, hereinafter called AsDAC, on the one hand, and Ambasada Republicii Letonia în Ucraina Cancelaria în Republica Moldova, identified by state identification number-fiscal code (certificate of registration No.) 43660013, represented by its Mr./Mrs. Vita Dobele, hereinafter called The User, on the other hand, have agreed as follows: 1. THE CONTRACT’S OBJECT 1.1. AsDAC, empowered correspondingly with the collective management of the economic rights of the holders of authors’ rights, national and foreign, is granting The User, under the conditions of this license, the right to use the works from its repertoire by way of public performance during The Official Reception hereinafter called The concert, that will take place on (the title of the concert, event etc.) 22 January 2015 at bd. Ştefan cel Mare şi Sfînt, 81, mun. Chişinău, Organ Hall, . (the date or period of time) (address where will take place the event) 1.2. The User, being the Organizer, acknowledges as mandatory the conditions of this license and undertakes the responsibility to pay author’ remuneration in all cases, either when tickets are paid for entry or are not (entry for free). 1.3. The User is obliged to use only that works, which were identified by names and/or the initials of the holders of author’s rights. 1.4. The User can not (has not the right) to modify, complete or to change in other way the works without the consent, in writing, of the holder of author’s rights. 1.5. The User, as well, is not entitled, without AsDAC’s writing consent, to cede to third persons the right acquired under this licenses concerning. 1.6. This license does not extend to the rights of performers and producers of phonograms, neither on the other ways of works’ uses, which are not covered by this license. 2. FINANCIAL CONDITIONS, METHOD OF ENSUREING PAYMENT

licenta ambasada eng.doc

Embed Size (px)

Citation preview

Acord general (Licen general) nr

AsDAC F.Ip(vie), pagi.2

License IP(vie) no. 001on public performance of published works(for organizers of concerts, shows, sporting competitions, of other events, theatres etc.)

28 January 2015

mun. Chisinau

The undersigned: "Copyright and Related Rights Association" of the Republic of Moldova (AsDAC), identified by state identification number-fiscal code 1010620009034, represented by its General Director Miss Angela STROICI, acting on the basis of its Statute registered by Ministry of Justice on 16 March 2000, hereinafter called AsDAC,

on the one hand,

and

Ambasada Republicii Letonia n Ucraina Cancelaria n Republica Moldova, identified by state identification number-fiscal code (certificate of registration No.) 43660013, represented by its Mr./Mrs. Vita Dobele, hereinafter called The User, on the other hand, have agreed as follows:1. THE CONTRACTS OBJECT 1.1. AsDAC, empowered correspondingly with the collective management of the economic rights of the holders of authors rights, national and foreign, is granting The User, under the conditions of this license, the right to use the works from its repertoire by way of public performance during

The Official Reception hereinafter called The concert, that will take place on (the title of the concert, event etc.)

22 January 2015 at bd. tefan cel Mare i Sfnt, 81, mun. Chiinu, Organ Hall, .

(the date or period of time)

(address where will take place the event)1.2. The User, being the Organizer, acknowledges as mandatory the conditions of this license and undertakes the responsibility to pay author remuneration in all cases, either when tickets are paid for entry or are not (entry for free).1.3. The User is obliged to use only that works, which were identified by names and/or the initials of the holders of authors rights.1.4. The User can not (has not the right) to modify, complete or to change in other way the works without the consent, in writing, of the holder of authors rights.1.5. The User, as well, is not entitled, without AsDACs writing consent, to cede to third persons the right acquired under this licenses concerning. 1.6. This license does not extend to the rights of performers and producers of phonograms, neither on the other ways of works uses, which are not covered by this license.2. FINANCIAL CONDITIONS, METHOD OF ENSUREING PAYMENTAND PRESENTATION OF DOCUMENTATION2.1. The tariff of author remuneration to be paid for public performance of works in The Concert is in the quantum of 5 % provided by Government Decision no. 641 of July 12, 2001, but not less than minimal authors remuneration of 1000,00 MLD (one thousand MLD) provided by AsDACs Board Decision of May 31, 2009. The basis of remunerations calculation constitutes the total amount received from the sale of tickets (when the entry is chargeable) or of the amount of the approved budget needed to organize the concert, including the remuneration of performers (when entry is free of charge).2.2. The User is obliged, not later than 15 days from the next day of the date when The Concert took place, to pay AsDAC the authors remuneration and, at the same time, to submit AsDAC the following documentation:

(a) The Report-Programme of Used Works identified by the authors names or initials considering the approved AsDACs model (Annex 1);

(b) the information on revenues /expenditures and the documentation, including accounting, confirming the total amount received from the sale of tickets, including the value of the tickets running under barter relationships (when it was paid entry) and the approved budget needed for organization of The Concert, including the remuneration of performers (when entry was free of charge) namely a report considering the approved AsDACs model (Annex 2). The User is responsible for the veracity of all submitted information and documentation.2.3. The User is also obliged to pay AsDAC:2.3.1. Penalties in the quantum of:- 2% of the remuneration amount due for each day of delay with its payment; and- per a conventional unit provided by the legislation in force (20MDL) for each day of delay with the presentation of the documentation referred to in point 2.2 of this license.2.3.2. A minimal author s remuneration of ten thousand lei (in case of concerts with performers from the Republic of Moldova) /twenty thousand lei (in case of concert with participation of foreign performers) applied when The User is refusing to submit the documentation referred to in point 2.2. of this license (including the financial statements for the period in question).2.4. The User have right to obtain a reduction of remuneration to be paid. So, if, within ten days after the concert, The User will provide AsDAC with the above-indicated documents (including relating to expenses incurred while organizing The Concert), then as the basis for calculation of the author s remuneration will be taken not the total amount of revenue received from the sale of tickets, but the difference between this amount and that ones spent on performers transportation and accommodation and 50% of the payment for the concert hall s rent, as well as the paid VAT tax. This provision does not apply where the amount of authors remuneration resulted after applying discounts is less than minimal authors remuneration provided in Article 2.1 of this license, which should, in ant case, to be paid by The User. 3. WARRANTIES 3.1. The AsDAC guarantee to cover all possible claims submitted by holders of authors rights to The User relating to payment of remuneration for public performance of the Works, provided that The User have been executed its obligations arising out of this license.3.2. The User shall ensure the right of AsDAC to control /verify, through its official representatives, the documentation kept by The Users at its premises related to the use of Works and to the basis for calculation of author s remuneration, as well as the right to attend the general rehearsals (final) of performers and The Concert itself in order to make it possible to verify the correctness of the information delivered by The User concerning the titles of used works. In this sense, The User undertakes to release AsDAC s representatives, within two days from the date of signing this contract (and within two hours-when the concert takes place on the following day of signing the contract) at least two entry permission documents (authenticated with The User s signature and stamp) or two invitation cards or, on the day of the concert, to allow the free of charge entry of two AsDAC representatives (at the level of the identification cards issued in their names by AsDAC) inside of the hall where the concert will take place (as indicated in paragraph 1.1 of this license), but without to guarantee seats. 3.3. AsDAC undertakes to keep the confidentiality of the information obtained as a result of performed control at The User s premises, unless the infringement of copyright have been established.4. PERIOD OF VALIDITY4.1. This license takes effect on the date of signature and shall be valid until The User will fulfill the obligations arising out of this license to pay the authors remuneration and to present the documentation referred to in point 2.2.4.2. In case of The Concerts postponement, this license shall be valid for not more than 10 days.5. OTHER CONDITIONS 5.1. Each Party shall cover, by using its own sources, the expenditure needed to execute its obligations set forth in this license.5.2. Any modification or completion to this license may be made only in written form with signatures of the persons authorized by each party. However, in the event of failure by The User of its obligations assumed under this license, AsDAC, instead of author s remuneration stipulated in item 2.1. and 2.3.1. of this license, can claim the payment of damages, of a compensation between 500 and 500thousand MDL, provided by The law nr. 139 of July 2, 2010 On copyright and related rights. 5.3. Differences of interpretation or execution of this license will be resolved, in the absence of an amicable settlement, by the corresponding court. 5.4. All annexes to this License constitutes its integral parts.5.5. This license has been executed in the same identical number of copies, as there are parties to this contract.The identification data of the parties:

: str. N. Zelinski, 24a, Chiinu, MD2038 Tel. 50 50 49(director); 50 50 18/ 63 63 05 (inspector dep.); 50 50 17 (fax), 50 50 16 (accountantdep.) Cont bancar nr. 222445904237 n BCA "Banca Social" mun. Chiinu

Cod nr. BSOCMD2X459, cod fiscal nr. 25822016 The User: str. Ion Vasilenco, 24/1, mun. Chiinu, MD2001

Tel. 0 (22) 211-824, 079999480.SIGNATURES:AsDAC _________________ The User ___________________ L. .

L. .