Pöördumine

Dear Madam or Sir,

I am writing you on behalf of the Slovenian Association of cable operators (ZKOS). ZKOS initiated a procedure before the Slovenian Copyright Board in order to determine a tariff for the use of copyright in music works in case of cable retransmission of television and radio channels (right of retransmission). According to Slovene legislation, one of the relevant criteria to determine an appropriate tariff is its comparability with tariffs of collecting societies of the same category and for the same rights and same copyright works in other EU Member States.

For this reason, I am kindly asking you for your answers to the following questions:

1. What is the tariff (royalty amount) in case of cable retransmission of music works in your country?
   If the tariff is combined for several copyright works, please provide also information on what is the share/amount for the music works solely.

2. Does the tariff for cable retransmission of music works also include music which is included in audiovisual works and was created especially for the use in the audiovisual works, or is this category of music perhaps managed by any other collecting organization in your country?

3. Does the tariff for cable retransmission of music works also include use of music works in other types of services by the service provider, such as time-shift services, catch-up TV (CuTV), video-on-demand (VOD) and network personal video recording (NPVR)?

If besides the linear (cable) retransmission of music works the tariff includes any other types of services (e.g. non-linear services such as CuTV, VOD, NPVR) please explain which services are included and what is the share/amount in the tariff for those services solely, if applicable.

4. In case use of music works in any of the services mentioned in point nr. 3 is not included in the tariff for cable retransmission of music works, but is determined separately, what is the tariff (royalty amount) in your country, if applicable, in case of:

1. Use of music works within time-shift services;

2. Use of music works in catch-up TV (CuTV) services;

3. Use of music works in video-on-demand (VOD) services;

4. Use of music works in network personal video recording (NPVR) services;

5. Use of music works in case of downloading audiovisual works?

If the tariff is combined for several copyright works, please provide information on what is the share/amount for the music works solely.

5. In case the information on the tariffs mentioned above are stated in a legal document and published publicly, please provide us with a hyperlink to the official published version of such document.

In case you need any additional explanations, please do not hesitate to contact me on this e-mail or phone number stated below.

I am looking forward to your reply.

With kind regards,

Daniel Ogrizek

Odvetnik – Attorney at Law

Odvetniška družba Pantelič, Grad in partnerji o.p., d.o.o.

Law Firm Pantelič, Grad & Partners, Ltd.

Slovenska cesta 54

1000 Ljubljana, Slovenija

Tel: +386 1 430 48 48

Fax: +386 1 430 48 49

[email protected]

www.pantelic.si