Joint order of the Minister of Justice of the Republic of Kazakhstan No. 218 as of April 22, 2019 and the Minister of National Economy of the Republic of Kazakhstan No. 31 as of April 29, 2019. Registered with the Ministry of Justice of the Republic of Kazakhstan on April 30, 2019, No. 18611
Unofficial translation
In accordance with paragraph 3 of Article 141 and paragraph 1 of Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan as of October 29, 2015, Article 22-1 of the Law of the Republic of Kazakhstan “On the Bodies of Justice” as of March 18, 2002, we hereby ORDER:
To approve:
1) risk assessment criteria with regard to activities of organizations managing property rights on a collective basis, in accordance with Appendix 1 to this joint order;
2) the checklist of activities of organizations managing property rights on a collective basis accredited in the field of copyright management, in accordance with Appendix 2 to this joint order;
3) the checklist of activities of organizations managing property rights on a collective basis accredited in the field of related rights management, in accordance with Appendix 3 to this joint order;
4) the checklist of activities of organizations managing property rights on a collective basis accredited in the field of exercising the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for reproducing phonograms and audiovisual works for personal purposes and without generating income, in accordance with Appendix 4 to this joint order;
5) the checklist of activities of organizations managing property rights on a collective basis accredited in the field of copyright and related rights management, in accordance with Appendix 5 to this joint order.
2. The Department of Intellectual Property Rights of the Ministry of Justice of the Republic of Kazakhstan shall:
1) ensure state registration of this joint order;
2) within ten calendar days of the state registration of this joint order, send it in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Institute of Legislation and Legal Information” of the Ministry of Justice of the Republic of Kazakhstan for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
3) place this joint order on the official website of the Ministry of Justice of the Republic of Kazakhstan;
3. The control over the execution of this joint order shall be assigned to the supervising vice-minister of justice of the Republic of Kazakhstan.
4. This joint order shall take effect ten calendar days of its first official publication.
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"AGREED"
Committee on Legal Statistics and
Special Accounts of the
General Prosecutor’s Office of
the Republic of Kazakhstan
Appendix 1 to Joint Order № 218 as of April 22, 2019 of the Minister of Justice of the Republic of Kazakhstan № 31 as of April 29, 2019 of the Minister of National Economy of the Republic of Kazakhstan |
Risk assessment criteria with regard to activities of organizations managing
property rights on a collective basis
Chapter 1. General provisions
1. These Risk Assessment Criteria with regard to activities of organizations managing property rights on a collective basis (hereinafter referred to as the Criteria) are developed in accordance with paragraph 3 of Article 141 of the Entrepreneurial Code of the Republic of Kazakhstan as of October 29, 2015 (hereinafter referred to as the Code) and the Rules for the state bodies’ development of risk assessment system and forms of checklists approved by Order No. 3 of the Acting Minister of National Economy of the Republic of Kazakhstan as of July 31, 2018 (registered in the State Registration Register of Regulatory Legal Acts under No. 17371).
2. The following terms are used in these Criteria:
risk - the probability of prejudicing legitimate interests of individuals and legal entities as a result of activities of a subject of control, with account of the severity of their consequences;
risk assessment system - a set of measures undertaken by a control authority in order to schedule preventive control with a visit to the subject of control;
objective risk assessment criteria (hereinafter referred to as objective criteria) - risk assessment criteria used to select subjects of control depending on the degree of risk of activity and not depending directly on a particular subject of control;
subjective risk assessment criteria (hereinafter referred to as subjective criteria) - risk assessment criteria used to select subjects of control depending on the performance of a particular subject of control;
checklist - a list of requirements, including the requirements for activities of subjects of control, a failure to comply with which entails a threat to legitimate interests of individuals and legal entities, and the state;
subjects of control - organization managing property rights on a collective basis (hereinafter referred to as a non-profit organization), Private Institution, Association of Legal Entities, Republican Public Association in accordance with Law of the Republic of Kazakhstan No. 6 as of June 10, 1996 “On Copyright and the Related Rights”.
Chapter 2. Methods of conducting preventive control with a visit to the subject of control
3. Criteria for preventive control with a visit to the subject of control are formed on the basis of objective and subjective criteria.
Clause 1. Objective criteria
4. The subjects of control are classified as high-risk depending on the probability of prejudicing legitimate interests of individuals and legal entities, state interests as a result of activities of subjects of control.
5. According to objective criteria, non-profit organizations, subjects of control operating in the following areas of collective management are classified as high-risk:
1) management of exclusive rights to the released musical works (with or without text) and excerpts of musical and dramatic works in relation to their public performance, communication to the public by cable or broadcasting, also by retransmission;
2) exercise of the rights of composers, who are authors of musical works (with or without text) used in an audiovisual work, to receive remuneration for public performance or communication of such an audiovisual work to the public by cable or broadcasting;
3) exercise of the rights of performers to receive remuneration for public performance, and also for communication to the public by cable or broadcasting, of phonograms published for commercial purposes;
4) exercise of the rights of producers of phonograms to receive remuneration for public performance, and also for communication to the public by cable or broadcasting, of phonograms published for commercial purposes;
5) exercise of the rights of on-air and cable broadcasting organizations to receive remuneration for public performance, and also for communication to the public by cable or broadcasting, of own programs published for commercial purposes;
6) management of the resale right in relation to a work of art;
7) management of the rights to reproduce (reprographic reproduction) of released works.
6. Non-profit organizations are not classified as high-risk ones if these are non-profit organizations operating in the field of exercising the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for reproducing phonograms and audiovisual works for personal purposes and without generating income.
7. The degree of risk of subjects of control is assessed and they are classified as belonging to a high-risk group on the basis of objective and subjective criteria proceeding from the utmost probability of prejudicing legitimate interests of individuals and legal entities as a result of activities of a subject of control, with account of the severity of their consequences.
8. With regard to subjects of control classified as high-risk according to objective criteria, subjective criteria are applied for the purpose of conducting preventive control with a visit to the subject of control.
Clause 2. Subjective criteria
9. Subjective criteria are defined as:
1) the database formation and information collection;
2) information analysis and risk assessment.
10. It is necessary to form a database and collect information to identify the subjects of control that violate the legislation of the Republic of Kazakhstan governing activities of organizations managing property rights on a collective basis.
To assess the degree of risk according to subjective criteria, the following sources of information are used:
the presence and number of confirmed complaints and appeals;
results of the monitoring of reporting documents and information submitted by the subject of control;
results of previous inspections and preventive control with visits to subjects of control;
analysis of official websites of the state bodies, the media.
11. To assess the degree of risk, the following sources of information are used:
1) subjective criteria using the “presence and number of confirmed complaints and appeals” information source are determined in accordance with Appendix 1 to these Criteria;
2) subjective criteria using the “results of the monitoring of reporting documents and information submitted by the subject of control” information source are determined in accordance with Appendix 2 to these Criteria;
3) subjective criteria using the “results of previous inspections and preventive control with visits to subjects of control operating in the field of exercising the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for reproducing phonograms and audiovisual works for personal purposes and without generating income” information source are determined in accordance with Appendix 3 to these Criteria;
4) subjective criteria using the “results of previous inspections and preventive control with visits to subjects of control operating in the field of copyright and related rights management” information source are determined in accordance with Appendix 4 to these Criteria.
5) subjective criteria using the “analysis of official websites of state bodies, the media” information source are determined in accordance with Appendix 5 to these Criteria.
12. With regard to each source of information, taking into account possible risk and significance of a problem, singular instance or recurrence of a violation, the analysis of previous decisions, it is necessary to identify subjective criteria that, in accordance with the risk assessment criteria, correspond to the degree of violation - gross, significant and minor.
Gross violation – a violation and a failure to fulfill obligations established by regulatory legal acts in the field of intellectual property by subjects of control, in terms of submitting an annual report to the authorized body, a failure to distribute and pay remuneration to authors and copyright holders, use of more than thirty percent of the total amount of collected remuneration to cover administrative expenses, absence of agreements on the transfer of property rights to manage the rights of authors, performers, producers of phonograms to organizations managing property eights on a collective basis, application of rates of remuneration below the minimum rates approved by Decrees of the Government of the Republic of Kazakhstan No. 1083 as of October 20, 2004 “On approval of minimum rates of royalties for certain uses of works”, No. 1373 as of November 23, 2011 “On approval of minimum rates of remuneration for performers and producers of phonograms”.
Significant violation – a violation and a failure to fulfill obligations by subjects of control established by regulatory legal acts in the field of intellectual property, in terms of a failure to submit an annual balance sheet, annual report, including information on collected, distributed, undistributed, paid, unpaid, unclaimed remuneration on or before April 15 of a month following a reporting period, errors and omissions in reports, a failure to take measures aimed at searching authors, performers, producers of phonograms for transferring collected royalties.
Minor violation - the presence of one confirmed complaint or appeal against subjects of control from individuals or legal entities, state bodies, a failure to submit information on local branches and representative offices carrying out the functions of collecting, distributing and paying remuneration for the use of objects of copyright or related rights.
13. If one gross violation is identified, it is necessary to assign the 100 risk indicator to the subject of control and conduct preventive control with a visit to it.
If no gross violations are identified, it is necessary to calculate the total indicator for significant and minor violations to determine the risk degree indicator.
When determining the indicator of significant violations, a coefficient of 0.7 shall be applied and this indicator shall be calculated using the following formula:
∑ Рs = (∑ Р2 х 100/∑ Р1) х 0,7
where:
∑ Рs – the indicator of significant violations;
∑ Р1 – the required number of significant violations;
∑ Р2 - the number of identified significant violations.
When determining the indicator of minor violations, a coefficient of 0.3 shall be applied and this indicator shall be calculated using the following formula:
∑ Рm = (∑ Р2 х 100/∑ Р1) х 0,3
where:
∑ Рm – the indicator of minor violations;
∑ Р1 – – the required number of minor violations;
∑ Р2 – the number of identified minor violations.
The total risk indicator (∑ P) is calculated on a scale from 0 to 100 and is determined by summing the indicators using the following formula:
∑ Р = ∑ Рs +∑ Рm
where:
∑ Р – the total risk indicator;
∑ Рs – the indicator of significant violations;
∑ Рm – the indicator of minor violations.
12. In terms of risk indicators, the subject of control is:
1) classified as a high-risk one - with a risk indicator from 61 to 100 inclusive and in relation to it, preventive control with a visit to the subject of control is conducted;
2) is not classified as a high-risk one - with a risk indicator from 0 to 60 and in relation to it, preventive control with a visit to the subject of control is not conducted.
13. Preventive control with a visit to the subject of control cannot be conducted more often than once a year.
When analyzing and assessing the degree of risk, the data of subjective criteria earlier considered and used in relation to a particular subject of control are not applied.
14. Lists of preventive control with a visit to the subject of control are made with account of the priority of the subjects of control in terms of the highest risk indicator according to subjective criteria.
Appendix 1 to the Risk Assessment Criteria with regard to activities of organizations managing property rights on a collective basis |
Subjective criteria using the “presence and number of confirmed
complaints and appeals” information source
№ | Criteria | Degree of violations |
1. Presence of confirmed complaints and appeals | ||
1 | Presence of one confirmed complaint or appeal against subjects of control received from individuals or legal entities, state bodies | minor |
2 | Presence of two confirmed complaints or appeals against subjects of control received from individuals or legal entities, state bodies | significant |
3 | Presence of three and more confirmed complaints or appeals against subjects of control received from individuals or legal entities, state bodies | gross |
Appendix 2 to the Risk Assessment Criteria with regard to activities of organizations managing property rights on a collective basis |
Subjective criteria using the “results of the monitoring of reporting documents and
information submitted by the subject of control” information source
№ | Criteria | Degree of violations |
1 | Failure to submit the annual balance sheet, annual report, including information on collected, distributed, undistributed, paid, unpaid, unclaimed remuneration in submitted reports | gross |
2 | Use of more than thirty percent of the total amount of remuneration collected to cover own actual expenses for the collection, distribution and payment of remuneration | gross |
3 | Failure to submit amendments made to the charter and other constituent documents of such an organization | significant |
4 | Lack of information on local branches and representative offices carrying out the functions of collecting, distributing and paying remuneration for the use of objects of copyright or related rights in the report | minor |
5 | Absence of an audit report to be submitted to the authorized body at least once every two years | significant |
Appendix 3 to the Risk Assessment Criteria with regard to activities of organizations managing property rights on a collective basis |
Subjective criteria using the “results of previous inspections and preventive control with visits to subjects of control operating in the field of exercising the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for reproducing phonograms and audiovisual works for personal purposes and without generating income” information source (the gravity is established when below indicated requirements are not met)
№ | Criteria | Degree of violations |
1 | Submission of the annual report to the authorized body | gross |
2 | Submission of the annual report on or before April 15 of a month following a reporting period | significant |
3 | Submission of the audit report to the authorized body at least once every two years | gross |
4 | Submission of the audit report to the authorized body at least once every two years on or before April 15 | significant |
5 | Use of not more than thirty percent of the total amount of remuneration collected to cover own actual expenses for the collection, distribution and payment of remuneration | gross |
6 | Distribution of remuneration to Kazakhstani holders of copyright and related rights at least once a quarter | gross |
7 | Presence of materials confirming the taking of measures aimed at searching authors, performers, producers of phonograms for transferring collected royalties | significant |
8 | Consent of the organization’s members to funnel collected remuneration to special funds | significant |
Appendix 4
to the Risk Assessment Criteria with regard to activities of organizations managing property rights on a collective basis
Subjective criteria using the “results of previous inspections and preventive control with visits to subjects of control operating in the field of copyright and related rights management” information source (the gravity is established when below indicated requirements are not met)
Appendix 5 to the Risk Assessment Criteria with regard to activities of organizations managing property rights on a collective basis |
Subjective criteria using the “analysis of official websites of state bodies,
the media” information source
№ | Criteria | Degree of violations |
1 | No information on the rights transferred to it for management, including the name of the object of copyright or related rights, the name of the author or another copyright holder | gross |
2 | No information on the availability of local representatives who carry out the functions of collecting, distributing and paying remuneration for the use of copyright and related rights | minor |
3 | Reports submitted to the authorized body are not posted on the website | significant |
4 | Information on license agreements concluded with users is not posted on its website | significant |
Appendix 2 to Joint Order № 218 as of April 22, 2019 of the Minister of Justice of the |
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Republic of Kazakhstan № 31 as of April 29, 2019 of the Minister of National Economy of the Republic of Kazakhstan |
Checklist of activities of organizations managing property rights on a collective basis
regarding organizations managing property rights on a collective basis accredited in the field of copyright management
name of the homogenous group of subjects of control _______________________________
The state body that scheduled the inspection ____________________________________
________________________________________________________________________
Act on scheduling preventive control with a visit to the subject of control
________________________________________________________________________
________________________________________________________________________
№, date
Name of the subject of control _____________________________________________
________________________________________________________________________
(Individual identification number), business identification number of the subject of control
________________________________________________________________________
________________________________________________________________________
Place of business address ___________________________________________________
________________________________________________________________________
№ | List of requirements | Required | Not required | Meets the requirements | Does not meet the requirements |
1 | 2 | 3 | 4 | 5 | 6 |
1 | Submission of the annual report to the authorized body | ||||
2 | Submission of the annual report on or before April 15 of a month following a reporting period | ||||
3 | Submission of the audit report to the authorized body at least once every two years | ||||
4 | Submission of the audit report to the authorized body at least once every two years on or before April 15 | ||||
5 | Use of not more than thirty percent of the total amount of remuneration collected to cover own actual expenses for the collection, distribution and payment of remuneration | ||||
6 | Presence of agreements on the transfer of authority to manage the rights of authors, performers, producers of phonograms to organizations managing property rights on a collective basis | ||||
7 | Distribution and quarterly payment of remuneration to Kazakhstani holders of copyright and related rights at least once a quarter | ||||
8 | Distribution and payment of collected remuneration amounts at least once a year to foreign organizations managing similar rights (as and when agreements with foreign organizations managing property rights on a collective basis are concluded) | ||||
9 | Reports submitted by the organization to owners of copyright and related rights, which contain information on the use of their rights, also on the amount of the remuneration collected and the amounts withheld | ||||
10 | Presence of registers containing information on the copyright holders, on the rights transferred to it for management, and also on the objects of copyright and related rights | ||||
11 | Presence of materials confirming the taking of measures aimed at identifying copyright holders entitled to receive remuneration in accordance with the license agreements and remuneration agreements concluded by this organization, also confirming the use, for this purpose, of information received from other organizations managing property rights on a collective basis, the media disseminated throughout the Republic of Kazakhstan | ||||
12 | Presence of materials confirming the taking of measures aimed at searching for authors, performers, producers of phonograms for transferring collected royalties | ||||
13 | Consent of the organization’s members to funnel collected remuneration to special funds | ||||
14 |
The application of the rates of royalties for the use of a play (original dramatic works) through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
15 |
The application of the rates of royalties for the use of a play for children (original dramatic works) through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
16 |
The application of the rates of royalties for the use of a play as puppet show (original dramatic works) through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
17 |
The application of the rates of royalties for the use of staging through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
18 |
The application of the rates of royalties for the use of staging through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
19 |
The application of the rates of royalties for the use of translated dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
20 |
The application of the rates of royalties for the use of translated dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
21 |
The application of the rates of royalties for the use of translated dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
22 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
23 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
24 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
25 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
26 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
27 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
28 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
29 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
30 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
31 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
32 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
33 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
34 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
35 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
36 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
37 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
38 |
The application of the rate of royalties for the use of musical works with or without text in the cinema, video parlors when demonstrating audiovisual works (films, television and video films) not lower than: | ||||
39 |
The application of the rate of royalties for the public performance of musical works with or without text, literary works with free admission for listeners. | ||||
40 |
The application of the rate of royalties in percentage terms for the use of works by public communication not lower than: | ||||
41 |
The application of the rate of royalties in percentage terms for the use of works by public communication not lower than: | ||||
42 |
The application of the rate of royalties in percentage terms for the use of works by public communication not lower than: | ||||
43 |
The application of the rate of royalties for the reproduction and (or) dissemination of works not lower than: | ||||
44 |
The application of the rate of royalties for the reproduction and (or) dissemination of works not lower than: | ||||
45 |
The application of the rate of royalties for the reproduction and (or) dissemination of works not lower than: |
Official(s) _____________________________________________________________
position signature _______________________________________________________
surname, name, patronymic (if any)
Head of the subject of control _____________________________________________
_______________________________________________________________________
position signature _________________________________________________________
________________________________________________________________________
surname, name, patronymic (if any)
Appendix 3 to Joint Order № 218 as of April 22, 2019 of the Minister of Justice of the Republic of Kazakhstan № 31 as of April 29, 2019 of the Minister of National Economy of the Republic of Kazakhstan |
Checklist of activities of organizations managing property rights on a collective basis
regarding organizations managing property rights on a collective basis accredited in the field of related rights management
name of the homogenous group of subjects of control
______________________________________________________________________
The state body that scheduled the inspection _______________________________
___________________________________________________________________________
Act on scheduling preventive control with a visit to the subject of control
____________________________________________________________________________
_____________________________________________________________________________
№, date
Name of the subject of control__________________________________________________
___________________________________________________________________________
(Individual identification number), business identification number of the subject of control
____________________________________________________________________________
____________________________________________________________________________
Place of business address _______________________________________________________
____________________________________________________________________________
№ | List of requirements | Required | Not required | Meets the requirements | Does not meet the requirements |
1 | 2 | 3 | 4 | 5 | 6 |
1 | Submission of the annual report to the authorized body | ||||
2 | Submission of the annual report on or before April 15 of a month following a reporting period | ||||
3 | Submission of the audit report to the authorized body at least once every two years | ||||
4 | Submission of the audit report to the authorized body at least once every two years on or before April 15 | ||||
5 | Use of not more than thirty percent of the total amount of remuneration collected to cover own actual expenses for the collection, distribution and payment of remuneration | ||||
6 | Presence of agreements on the transfer of authority to manage the rights of authors, performers, producers of phonograms to organizations managing property rights on a collective basis | ||||
7 | Distribution and quarterly payment of remuneration to Kazakhstani holders of copyright and related rights at least once a quarter | ||||
8 | Distribution and payment of collected remuneration amounts at least once a year to foreign organizations managing similar rights (as and when agreements with foreign organizations managing property rights on a collective basis are concluded) | ||||
9 | Reports submitted by the organization to owners of copyright and related rights, which contain information on the use of their rights, also on the amount of the remuneration collected and the amounts withheld | ||||
10 | Presence of registers containing information on the copyright holders, on the rights transferred to it for management, and also on the objects of copyright and related rights | ||||
11 | Presence of materials confirming the taking of measures aimed at identifying copyright holders entitled to receive remuneration in accordance with the license agreements and remuneration agreements concluded by this organization, also confirming the use, for this purpose, of information received from other organizations managing property rights on a collective basis, the media disseminated throughout the Republic of Kazakhstan | ||||
12 | Presence of materials confirming the taking of measures aimed at searching for authors, performers, producers of phonograms for transferring collected royalties | ||||
13 | Consent of the organization’s members to funnel collected remuneration to special funds | ||||
14 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
15 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
16 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
17 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
18 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
19 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
20 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
21 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
22 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
23 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
24 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
25 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
26 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
27 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
28 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
29 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
30 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
31 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
32 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
33 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
34 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
35 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
36 |
The application of rates of remuneration for the use of performances and phonograms through reproduction (duplication) and (or) dissemination for profit not lower than: | ||||
37 |
The application of rates of remuneration for the use of performances and phonograms through reproduction (duplication) and (or) dissemination for profit not lower than: | ||||
38 |
The application of rates of remuneration for the use of performances and phonograms through reproduction (duplication) and (or) dissemination for profit not lower than: |
Official(s) ______________________________________________________________
position signature ________________________________________________________
surname, name, patronymic (if any)
Head of the subject of control _____________________________________________________
________________________________________________________________________
position signature
________________________________________________________________________
________________________________________________________________________
surname, name, patronymic (if any)
Appendix 4 to Joint Order № 218 as of April 22, 2019 of the Minister of Justice of the Republic of Kazakhstan № 31 as of April 29, 2019 of the Minister of National Economy of the Republic of Kazakhstan |
Checklist of activities of organizations managing property rights on a collective basis
regarding organizations managing property rights on a collective basis accredited in the field of exercising the rights of authors, performers, producers of phonograms and audiovisual works to receive remuneration for reproducing phonograms and audiovisual works for personal purposes and without generating income
name of the homogenous group of subjects of control
______________________________________________________________________
The state body that scheduled the inspection ___________________________________
________________________________________________________________________
Act on scheduling preventive control with a visit to the subject of control
________________________________________________________________________
________________________________________________________________________
№, date
Name of the subject of control ______________________________________________
________________________________________________________________________
(Individual identification number), business identification number of the subject of control
________________________________________________________________________
________________________________________________________________________
Place of business address ___________________________________________________
________________________________________________________________________
№ | List of requirements | Required | Not required | Meets the requirements | Does not meet the requirements |
1 | 2 | 3 | 4 | 5 | 6 |
1 | Submission of the annual report to the authorized body | ||||
2 | Submission of the annual report on or before April 15 of a month following a reporting period | ||||
3 | Submission of the audit report to the authorized body at least once every two years | ||||
4 | Submission of the audit report to the authorized body at least once every two years on or before April 15 | ||||
5 | Use of not more than thirty percent of the total amount of remuneration collected to cover own actual expenses for the collection, distribution and payment of remuneration | ||||
6 | Distribution and quarterly payment of remuneration to Kazakhstani holders of copyright and related rights at least once a quarter | ||||
7 | Presence of materials confirming the taking of measures aimed at searching for authors, performers, producers of phonograms for transferring collected royalties | ||||
8 | Consent of the organization’s members to funnel collected remuneration to special funds |
Official(s) ___________________________________________________
position signature
_______________________________________________________________________
surname, name, patronymic (if any)
Head of the subject of control _______________________________________________
________________________________________________________________________
position signature _________________________________________________________
________________________________________________________________________
surname, name, patronymic (if any)
Appendix 5 to Joint Order № 218 as of April 22, 2019 of the Minister of Justice of the Republic of Kazakhstan № 31 as of April 29, 2019 of the Minister of National Economy of the Republic of Kazakhstan |
Checklist of activities of organizations managing property rights on a collective basis
regarding organizations managing property rights on a collective basis accredited in the field of copyright and related rights management
name of the homogenous group of subjects of control
______________________________________________________________________
The state body that scheduled the inspection _______________________________
________________________________________________________________________
Act on scheduling preventive control with a visit to the subject of control
_______________________________________________________________________
________________________________________________________________________
№, date
Name of the subject of control ______________________________________________
________________________________________________________________________
(Individual identification number), business identification number of the subject of control
________________________________________________________________________
________________________________________________________________________
Place of business address ___________________________________________________
_________________________________________________________________________
List of requirements | Required | Not required | Meets the requirements | Does not meet the requirements | |
1 | 2 | 3 | 4 | 5 | 6 |
1 | Submission of the annual report to the authorized body | ||||
2 | Submission of the annual report on or before April 15 of a month following a reporting period | ||||
3 | Submission of the audit report to the authorized body at least once every two years | ||||
4 | Submission of the audit report to the authorized body at least once every two years on or before April 15 | ||||
5 | Use of not more than thirty percent of the total amount of remuneration collected to cover own actual expenses for the collection, distribution and payment of remuneration | ||||
6 | Presence of agreements on the transfer of authority to manage the rights of authors, performers, producers of phonograms to organizations managing property rights on a collective basis | ||||
7 | Distribution and quarterly payment of remuneration to Kazakhstani holders of copyright and related rights at least once a quarter | ||||
8 | Distribution and payment of collected remuneration amounts at least once a year to foreign organizations managing similar rights (as and when agreements with foreign organizations managing property rights on a collective basis are concluded) | ||||
9 | Reports submitted by the organization to owners of copyright and related rights, which contain information on the use of their rights, also on the amount of the remuneration collected and the amounts withheld | ||||
10 | Presence of registers containing information on the copyright holders, on the rights transferred to it for management, and also on the objects of copyright and related rights | ||||
11 | Presence of materials confirming the taking of measures aimed at identifying copyright holders entitled to receive remuneration in accordance with the license agreements and remuneration agreements concluded by this organization, also confirming the use, for this purpose, of information received from other organizations managing property rights on a collective basis, the media disseminated throughout the Republic of Kazakhstan | ||||
12 | Presence of materials confirming the taking of measures aimed at searching for authors, performers, producers of phonograms for transferring collected royalties | ||||
13 | Consent of the organization’s members to funnel collected remuneration to special funds | ||||
14 |
The application of the rates of royalties for the use of a play (original dramatic works) through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
15 |
The application of the rates of royalties for the use of a play for children (original dramatic works) through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
16 |
The application of the rates of royalties for the use of a play as puppet show (original dramatic works) through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
17 |
The application of the rates of royalties for the use of staging through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
18 |
The application of the rates of royalties for the use of staging through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
19 |
The application of the rates of royalties for the use of translated dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
20 |
The application of the rates of royalties for the use of translated dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
21 |
The application of the rates of royalties for the use of translated dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
22 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
23 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
24 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
25 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
26 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
27 |
The application of the rates of royalties for the use of musical-dramatic works through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
28 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
29 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
30 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
31 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
32 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
33 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
34 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
35 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
36 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
37 |
The application of the rates of royalties for the use of concert, pop, circus, dance programs through public performance as a percentage of the total gross income, received from the sale of tickets for the public performance of one work or program, from the amounts of guaranteed payment under a contract or from other amounts of income not lower than: | ||||
38 |
The application of the rate of royalties for the use of musical works with or without text in the cinema, video parlors when demonstrating audiovisual works (films, television and video films) not lower than: | ||||
39 |
The application of the rate of royalties for the public performance of musical works with or without text, literary works with free admission for listeners. | ||||
40 |
The application of the rate of royalties in percentage terms for the use of works by public communication not lower than: | ||||
41 |
The application of the rate of royalties in percentage terms for the use of works by public communication not lower than: | ||||
42 |
The application of the rate of royalties in percentage terms for the use of works by public communication not lower than: | ||||
43 |
The application of the rate of royalties for the reproduction and (or) dissemination of works not lower than: | ||||
44 |
The application of the rate of royalties for the reproduction and (or) dissemination of works not lower than: | ||||
45 |
The application of the rate of royalties for the reproduction and (or) dissemination of works not lower than: | ||||
46 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
47 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
48 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
49 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
50 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
51 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
52 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
53 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
54 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
55 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
56 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
57 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
58 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
59 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
60 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
61 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
62 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
63 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
64 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
65 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
66 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
67 |
The application of rates of remuneration for the use of performances and phonograms through public performance, display, communication and communicating to the public not lower than: | ||||
68 |
The application of rates of remuneration for the use of performances and phonograms through reproduction (duplication) and (or) dissemination for profit not lower than: | ||||
69 |
The application of rates of remuneration for the use of performances and phonograms through reproduction (duplication) and (or) dissemination for profit not lower than: | ||||
70 |
The application of rates of remuneration for the use of performances and phonograms through reproduction (duplication) and (or) dissemination for profit not lower than: |
Official(s) ______________________________________________________________
position signature
________________________________________________________________________
surname, name, patronymic (if any)
Head of the subject of control _______________________________________________
________________________________________________________________________
position signature
________________________________________________________________________
________________________________________________________________________
surname, name, patronymic (if any)