Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 415.1 · Control Of The Establishment And (S.L. 415.1)

S.L. 415.1 Art. 34Accurate and timely reporting and invoicing.

Title III

In KraftAmtlicher Text

(1) A collective management organisation shall monitor the use of online rights in musical works which it represents, wholly or in part, by online service providers to which it has granted a multi-territorial licence for those rights.

(2) A collective management organisation shall offer online service providers the possibility of reporting by electronic means the actual use of online rights in musical works and online service [

providers shall accurately report the actual use of those works. A collective management organisation shall offer the use of at least one method of reporting which takes into account voluntary industry standards or practices developed at international or European Union level for the electronic exchange of such data. A collective management organisation may refuse to accept reporting by the online service provider in a proprietary format if the organisation allows for reporting using an industry standard for the electronic exchange of data.

(3) A collective management organisation shall invoice the online service provider by electronic means. A collective management organisation shall offer the use of a least one format which takes into account voluntary industry standards or practices developed at international or European Union level. The invoice shall identify the works and rights which are licensed, wholly or in part, on the basis of the data referred to in the list of conditions under regulation 31(2), and the corresponding actual uses, to the extent that this is possible on the basis of the information provided by the online service provider and the format used to provide that information. The online service provider may not refuse to accept the invoice because of its format if the collective management organisation is using an industry standard.

(4) A collective management organisation shall invoice the online service provider accurately and without delay after the actual use of the online rights in that musical work is reported, except where this is not possible for reasons attributable to the online service provider.

(5) A collective management organisation shall have in place adequate arrangements enabling the online service provider to challenge the accuracy of the invoice, including when the online service provider receives invoices from one or more collective management organisations for the same online rights in the same musical work.