Contents. Public operation. Broadcasting. Mechanics. Price list R Background Music Price list I. TV/Radio Broadcasting and Retransmissions...

Transcription

1 The Tariffs

2 Contents Public operation Broadcasting Price list R Background Music... 2 Price list U Accommodation, Spa and Similar Facilities... 8 Price list J Jukeboxes and Similar Equipment Price list M Live Performances - Popular Music - up to Visitors Price list V Live Performances - Popular Music - over Visitors Price list VH Live Performances - Classical Music Price list O Repeated Live Performances Price list D - Discotheques and other Similar Performances performed wholly or principally by Recorded Means Price list F Cinemas, Film Festivals and other Performances, and Theatres Price list I. TV/Radio Broadcasting and Retransmissions Price list II. Online, Mobile and other Similar Services Mechanics Price list III. Audio and Audiovisual Products and other Media Price list IV. Synchronization (Audiovisual Works and Commercials) Price list V. Rental and Lending of Audio and Audiovisual Carriers Price list VI. DJ s License Price list VII. Private Copying (Blank Tape Levies) Price list S Sports Events Price list T Dance Classes and Dance Schools Price list Z Background Music at Medical Facilities (except Spa Facilities) Price list C - Circus Performances

3 Background Music 1/6 R Part A Common Use I. Applicability Part A of the pricelist applies to the calculation of the royalties payable for the provision of the license (consent) to perform works by means of audio equipment (e.g., radio receivers, CD players, hi-fi systems, tape recorders) or audiovisual equipment (e.g., televisions, DVD players, video players, computers, home theaters), provided that the performance of the works does not have the nature of a programme and that no admission is, directly or indirectly, collected from the visitors in the performance. Common use means the use of the works that serves as background in establishments that provide catering services (e.g., restaurants, inns, bars, pizzerias, buffets, cafés, wineries, pastry shops, cafeterias, diners, fast food stands) and other services (e.g., shops, department stores, supermarkets, markets, banking premises, hair salons, waiting rooms, fuel stations, parking lots, passages, parks, stations, museums, galleries, exhibition halls, recreation centers, swimming pools, baths, thermal rehabilitation centers, fitness centers, public skating rinks). This pricelist further applies to publicly accessible premises in accommodation, spa and similar facilities. The royalties under Part A of the pricelist are royalties for the provision of the license to perform musical works with or without words. If OSA grants a license to perform works by means of audiovisual equipment capable of receiving television broadcasts, the royalties include the royalties for the provision of the license to perform works of authors whose economic copyrights are managed by the following collective rights-management societies: DILIA divadelní, literární, audiovizuální agentura o.s., and Ochranná organizace autorská Sdružení autorů děl výtvarného umění, architektury a obrazové složky audiovizuálních děl o.s. (OO- A-S), i.e., authors of literary, dramatic, theatrical musical works, choreographic, pantomimic, audiovisual works, visual components of audiovisual works, such as the works of cameramen, scene designers, costume designers, editors, authors of scenic music created especially for use in dramatic, choreographic and pantomimic works, and authors of works of dubbing directors, under an agreement concluded with DILIA and OOA-S on the representation in the exercise of the collectively managed right to perform television broadcasts of works. Part A of the pricelist does not apply to the following: - Performances that have the nature of a programme or are designed for dancing (e.g., fashion shows, discotheques, music clubs, film and video performances) see the relevant pricelists - Use of works in the rooms of establishments that provide accommodation and similar services - Use of works in medical and similar facilities see Pricelist Z - Performances provided for in Part B - Operation of jukeboxes and similar devices see Pricelist J II. Royalties a) Royalties for the use of works (save for equipment in the rooms of accommodation facilities) - individual devices Devices Royalty rate over Audio equipment, incl. two speakers, if any (i.e., radio, CD player etc.) Audiovisual equipment (player) (i.e., DVD etc.) Audiovisual equipment (i.e., TV) capable of receiving TV broadcasts /1 Barco wall Monthly royalty in depending on location (discount in line with the number of inhabitants of the municipality - town) 0% discount 5% discount 10% discount 15% discount 20% discount from up to from 1001 up to from 501 up to 1000 up to 500 Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Reduced rate Barco wall receiving TV broadcasts /1 Basic rate Continuation on page 2/6 of the price list >>> 2

4 Background Music 2/6 R Continuation from page 1/6 of the price list >>> Third and each additional speaker Reduced rate Basic rate First and each additional monitor Reduced rate Basic rate Separate earphone Reduced rate Basic rate Added to the above royalty rates is VAT at the statutory basic rate. b) Royalties for the use of works (save for equipment in the rooms of accommodation facilities) - (multimedia) equipment packages Equipment packages and types of multimedia devices 2 devices audio and television devices used in a single room Royalty rate Over inhabitants From to inhabitants From 1001 to inhabitants From 501 to 1000 inhabitants Up to 500 inhabitants Reduced rate Basic rate device capable of receiving radio and Reduced rate TV broadcasts, used in a single room / 4 Basic rate Note: /1 If an audiovisual device is capable of operating television broadcasts, the total royalty includes the royalty to DILIA (a 35.11% share) and to OOA-S (a 17.55% share). The share of OSA amounts to 47.34%. Comments: /2 Multimedia device w/out TV broadcasts = PC or another device allowing for audio and audiovisual uses without TV broadcasts, including a monitor /3 Multimedia device with TV broadcasts - PC with a TV card or another device allowing for audio and audiovisual uses with TV broadcasts (e.g., home theater systems) / 4 1 TV set with a DBT tuner installed, or 1 TV set with a set top box connected, or 1 monitor with a set top box connected that is capable of receiving television and radio broadcasts. The royalties payable for additional connected monitors or speakers will be determined in compliance with table (a). 1 multimedia device not capable of receiving television broadcasts (i.e., device allowing for various types of audio and audiovisual uses, incl. 1 monitor and 2 speakers) /2 1 multimedia device capable of receiving television broadcasts (i.e., device allowing for various types of audio and audiovisual uses, incl. 1 monitor and 2 speakers) /3 Reduced rate Basic rate Reduced rate Basic rate Audio device means a device allowing for the use of works within radio broadcasts, or playback of carriers, without a connected monitor. Barco wall means a panel consisting of several TV screens that receives images via a computer controller. Added to the above royalty rates is VAT at the statutory basic rate. 3

5 Background Music 3/6 R III. Definitions 1. Basic rate If the operator has used copyrighted works without concluding a license agreement on the performance of the works prior to the commencement of the use with OSA, and fails to notify OSA (or a business representative of OSA) of this use duly and in advance, the royalties will amount to the basic rates of royalties for no more than 12 months of the performance of the works from 1 January This method of determining the royalty rate will also apply if the operator fails to react to OSA s invitations to renew the license agreement that the operator concluded with OSA and that ceased to be valid, and continues to use the works without OSA s consent, or if the operator has overdue liabilities to OSA when it receives the proposal for the conclusion of a license agreement application, and failed to fulfill its other obligations regularly when due and in compliance with the Copyright Act. 2. Reduced rate If the operator notifies the use of the works and applies for the conclusion of a license agreement on the public use of the copyrighted works prior to use thereof, the royalties will amount to the reduced rates of royalties. This method of determining the royalty rate will also apply if the operator reacts to OSA s invitations to renew the license agreements that the operator concluded with OSA and that ceased to be valid without undue delay. The reduced amount of the royalty will apply only if the operator has no overdue liabilities to OSA when it receives the proposal for the conclusion of a license agreement application, and fulfills its other obligations regularly when due and in compliance with the Copyright Act. If the operator fails to conclude a license agreement with the applied reduced rate 4 with OSA, the title to the calculation of the royalty under the reduced rates ceases to exist and the operator will incur the obligation to surrender unjust enrichment under Section 40(4) of Act No. 121/2000 Coll., the Copyright Act, as amended, in the amount of the double of the royalties set forth in the basic rate. IV. Discounts 1. If the operator undertakes to use the device capable of receiving television broadcasts that is installed in the establishment solely or predominantly for the purpose of viewing sports broadcasts in the license agreement with OSA, the royalty under the above-mentioned table will be reduced by 15% (Section 100(6) of Act No.121/2000 Coll., as amended). 2. If the true opening hours of the establishment do not exceed 3 days in a week, the royalty under the above-mentioned table will be reduced by 20% (Section 100(6) of Act No.121/2000 Coll., as amended). 3. The royalty rates under Article II will be reduced by 5% if the operator concludes an annual license agreement for the use of works in more than five establishments, i.e., a central license agreement. 4. If the works are used in shops (i.e., establishments that serve solely for the sales of goods) with the area of up to 20 m2, the royalty will be reduced by 5%. 5. Application of discounts Discounts are applied consecutively (each subsequent discount is calculated from the amount that reflects the previous discount). Part B Special Use I. Applicability Part B of the pricelist applies to the calculation of the royalties for the provision of the license (consent) to the performance of musical works with or without words in events, at venues and on locations specified in Article II or with reference to another applicable OSA pricelist. II. Royalties Type of use Continuation on page 4/6 of the price list >>> Royalty Public relations events, i.e., events where public is addressed with the aim to create a positive relation to certain ideas, activities and institutions 3% of the total costs of the event; however, Promotions, i.e., events where the public is addressed with the aim to affect the demand for products and services no less than 4 per visitor/attendant Marketing events, i.e., offers of products or services

6 Background Music 4/6 R Continuation from page 3/6 of the price list >>> Advertising vehicle sound systems (without sales of products or services) 14,495 /month/vehicle or 774 /day/vehicle Exhibitions, trade fairs, markets - up to 100 exhibitors or vendors 1,594 /day - from to 500 exhibitors or vendors 20 /day/exhibitor - over 501 exhibitors or vendors 27 /day/exhibitor - 1 exhibitor only (outside exhibition premises, galleries and museums) 16 /day Separate booth of an exhibitor or vendor, unless a collective agreement is signed 290 /day Game room - Up to 100 m 2 See part A of this pricelist - Over 100 m 2 1,233 /month Casino - Up to 200 m 2 2,464 /month - Over 200 m 2 4,929 /month Use of music playback in concerts, dance events and similar live music performances 1 per visitor Entertainment establishments-attractions (merry-go-rounds, swings, shooting ranges etc.) 798 /month/attraction Video-cabins in erotic establishments 725 /month/cabin Cabarets, variety shows and other performances with a programme See Pricelist D Use of music in phone receivers, answering machines for paid services 7% of the operator's gross sales Use of music in phone receivers, answering machines Street music performances with music playbacks, organized by the performer with free admission Music performances distributed by municipal radio stations on public municipality areas Royalty for use of works distributed by municipal radio stations - directly into households within the municipality Royalty for use of works distributed by municipal radio stations - collective agreement for a district, region etc. Funerals, weddings, matriculations, graduations etc., if the musical performance forms a part of paid services 774 /month/switchboard (=30 lines) And 15 for each additional line 190 /day 876 /year/ switchboard 96 /year/speaker 2 /year/household 1 /year/inhabitant 43 /ceremony Continuation on page 5/6 of the price list >>> 5

7 Background Music 5/6 R Continuation from page 4/6 of the price list >>> Offices, work rooms and premises for employees - per each 25 employees Cafeterias and employee catering facilities - per each 25 employees Mobile shops Buses, ships, trains (i.e., vehicles where works are used in mass transport of passengers) Taxi and corporate fleets (i.e., vehicles used by legal or natural persons to conduct their business activities) Airplanes Conferences, trainings etc. (free admission) School bells (i.e., use of musical works as school bells) Use of works in school broadcasts Film or video/dvd screening (outside cinemas in the case of one-time use of one audiovisual work) Broadcasting of live musical performances at a place different from that where the performance takes place Performances at facilities providing social or educational services or leisure activities (e.g. child and youth centres, retirement homes, social institutes etc.) Added to the above royalty rates is VAT at the statutory basic rate. Audio devices 324 /year Audio devices 648 /year 1,056 /year/vehicle See part A of this pricelist 1,056 /year/vehicle 3,468 /month/airplane 725 /day 1,381 /school year 876 /year/switchboard 96 /year/speaker Audio and audiovisual devices 696 TV broadcasting/yerar Audio and audiovisual devices 1,359 TV broadcasting/year 1% of gross revenue from entrance fee collected or 1.20/visitor if no fee is collected, however, not less than 150 per performance (see Rate List F) 3% of gross revenue or 25/visitor if no fee is collected, however, not less than 150 per performance (see Rate List F) up to 200 persons 3,000/year persons 3,500/year and 500/year per each additional 50 persons 6

8 Background Music 6/6 R III. Discounts 1. The royalty rates payable by operators who fulfill their obligations duly are reduced by 30%. Due fulfillment of obligations means the performance of musical works with the consent of the authorized copyright holders; the fact that the operator has no overdue liabilities to OSA when it receives the proposal for the conclusion of a license agreement application; and the operator s regular fulfillment of its obligations when due and in compliance with the Copyright Act. The operator shall deliver a duly filled-in set list (i.e., a list that specifies the full titles of performed compositions, incl. the names of the authors of the music and, a the case may be, the names of the authors of the words) to OSA when requested; the list must truly reflect the reality. If the set list is incomplete, in particular if the names of the authors/lyricists of the used compositions are missing, the royalty rate will be reduced by 20% only. 2. The royalty rates under Article II will be reduced by 5% if the operator concludes an annual license agreement for the use of works in more than five establishments, i.e., a central license agreement. 3. In the execution of a license agreement, the royalty set in compliance with the above-mentioned principles may be further reduced on the operator s request in light of the provision of Section 100(6) of Act No. 121/2000 Coll., as amended, including, without limitation, cases when the musical works are not performed within the conduct of business or other profitable activities, or if the discount is reasoned, for instance, by the purpose or circumstances of the use of the musical works (e.g., taking into account the nature or purpose of the event, the economic or business benefit, the scope of the use of the copyrighted works or other objective and demonstrable reasons). 4. Application of discounts Discounts are applied consecutively (each subsequent discount is calculated from the amount that reflects the previous discount). Part C Joint Provisions 1. The amount of the royalty is set forth in the agreement; the arranged amount is usually due and payable within 15 days of the execution of the agreement (i.e., generally within 30 days of the preparation of the written draft of the agreement). If a 12-month agreement is concluded, the royalty may be paid in installments arranged in the agreement, if requested by the operator. Default interest paid in the case of defaults is governed by the generally binding legal rules and regulations, unless stipulated otherwise in the agreement. 2. Cases not provided for in this pricelist or another OSA pricelist will be resolved by agreement. 3. The royalty rates as listed herein may be increased from 1 January 2011 to reflect the inflation rate expressed by the increase in an average consumer price index for the period from 1 July 2009 to 30 June This list of rates, which supersedes all the pervious versions hereof, becomes effective on 1 January 2009, except for the last two items in the table in article II of part B and clause 3 of part C which become effective on 1 January

9 Accommodation, Spa and Similar Facilities 1/4 U PART A Use of music playback not having the nature of a programme 8 I. Applicability Part A of the pricelist applies to the calculation of the royalties payable for the provision of the license (consent) to perform works by means of audio equipment (e.g., radio receivers, CD players, hi-fi systems, tape recorders) or audiovisual equipment (e.g., televisions, DVD players, video players, computers, home theaters), provided that the performance of the works does not have the nature of a programme and that no admission is, directly or indirectly, collected from the visitors in the performance. Common use means the use of the works that serves as background in establishments that provide catering services, e.g., restaurants, hostels, camps, recreation facilities, spa houses, sanatoriums and other similar facilities associated with accommodation. This includes both use of the works in the premises of these facilities not accessible exclusively by the accommodated clients (e.g., restaurants, cafés, lobby bars, receptions, halls, game rooms, casinos, fitness facilities, shops and other premises), and the use of works in the rooms of the accommodation or spa facility. Premises where patients receive medical care within spa and similar facilities are not deemed to constitute publicly accessible premises. The royalties under Part A of the pricelist are royalties for the provision of the license to perform musical works with or without words. If OSA grants a license to perform works by means of audiovisual equipment capable of receiving television broadcasts, the royalties include the royalties for the provision of the license to perform works of authors whose economic copyrights are managed by the following collective rights-management societies: DILIA divadelní, literární, audiovizuální agentura o.s., and Ochranná organizace autorská Sdružení autorů děl výtvarného umění, architektury a obrazové složky audiovizuálních děl o.s. (OOA-S), i.e., authors of literary, dramatic, musical dramatic, choreographic, pantomimic, audiovisual works, visual components of audiovisual works, such as the works of cameramen, scene designers, costume designers, editors, authors of scenic music created especially for use in dramatic, choreographic and pantomimic works, and authors of dubbing direction works, under an agreement concluded with DI- LIA and OOA-S on the representation in the exercise of the collectively managed right to perform television broadcasts of works. II. Royalties a) Royalties for the use of works in publicly accessible premises of accommodation, spa or similar facilities - individual devices, under Pricelist R, effective as of 1 January 2009 Devices Audio equipment, incl. two speakers, if any (i.e., radio, CD player etc.) Audiovisual equipment (player) (i.e., DVD etc.) Audiovisual equipment (i.e., TV) capable of receiving TV broadcasts /1 Barco wall Barco wall receiving TV broadcasts /1 Third and each additional speaker First and each additional monitor Separate earphone Royalty rate Monthly royalty in depending on location (discount in line with the number of inhabitants of the municipality - town) 0% discount 5% discount 10% discount 15% discount 20% discount Over From Up to From 1001 Up to From 501 Up to 1000 Up to 500 Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Reduced rate Basic rate Added to the above royalty rates is VAT at the statutory basic rate.

10 Accommodation, Spa and Similar Facilities 2/4 U b) Royalties for the use of works in publicly accessible premises of accommodation, spa or similar facilities individual devices, under Pricelist R, effective as of 1 January 2009 Equipment packages and types of multimedia devices Royalty rate Over citizens From up to citizens From1001 up to citizens From 501 up to 1000 citizens Up to 500 citizens 2 devices audio and television Reduced rate devices used in a single room Basic rate device capable of receiving Reduced rate radio and TV broadcasts, used in a single room / 4 Basic rate multimedia device not capable of receiving television broadcasts Reduced rate (i.e., device allowing for various types of audio and audiovisual uses, incl. 1 monitor and 2 speakers) /2 Basic rate multimedia device capable of receiving television broadcasts Reduced rate (i.e., device allowing for various types of audio and audiovisual uses, incl. 1 monitor and 2 speakers) /3 Basic rate Added to the above royalty rates is VAT at the statutory basic rate. Note: Joint provisions for paragraphs (a) and (b): /1 If an audiovisual device is capable of operating television broadcasts, the total royalty includes the royalty to DILIA (a 35.11% share) and to OOA-S (a 17.55% share). The share of OSA amounts to 47.34%. /2 Multimedia device w/out TV broadcasts = PC or another device allowing for audio and audiovisual uses without TV broadcasts, including a monitor /3 Multimedia device with TV broadcasts - PC with a TV card or another device allowing for audio and audiovisual uses with TV broadcasts (e.g., home theater systems) / 4 1 TV set with a DBT tuner installed, or 1 TV set with a set top box connected, or 1 monitor with a set top box connected that is capable of receiving television and radio broadcasts. The royalties payable for additional connected monitors or speakers will be determined in compliance with table (a). Audio device means a device allowing for the use of works within radio broadcasts, or playback of carriers, without a connected monitor. Barco wall means a panel consisting of several TV screens that receives images via a computer controller. Basic rate If the operator has used copyrighted works without concluding a license agreement on the performance of the works prior to the commencement of the use with OSA, and fails to notify OSA (or a business representative of OSA) of this use duly and in advance, the royalties will amount to the basic rate of royalties for the performance of the works of up to 12 months in duration from 1 January This method of determining the royalty rate will also apply if the operator fails to react to OSA s invitations to renew the license agreement that the operator concluded with OSA and that ceased to be valid, and continues to use the works without OSA s consent, or if the operator has overdue liabilities to OSA when it receives the proposal for the conclusion of a license agreement application, and failed to fulfill its other obligations regularly when due and in compliance with the Copyright Act. Reduced rate If the operator notifies the use of the works and applies for the conclusion of a license agreement for the public use of the copyrighted works prior to use thereof, the royalties will amount to the reduced rate of royalties. This method of determining the royalty rate will also apply if the operator reacts to OSA s invitations to renew the license agreements that the operator concluded with OSA and that ceased to be valid without undue delay. The reduced amount of the royalty will apply only if the operator has no overdue liabilities to OSA when it receives the proposal for the conclusion of a license agreement application, and fulfills its other obligations regularly when due and in compliance with the Copyright Act. If the operator fails to conclude a license agreement with the applied reduced rate with OSA, the title to the calculation of the royalty under the reduced rate ceases to exist and the operator will incur the obligation to surrender unjust enrichment under Section 40(4) of Act No. 121/2000 Coll., the Copyright Act, as amended, in the amount of the double of the royalties set forth in the basic rate. 9

11 Accommodation, Spa and Similar Facilities 3/4 U If the operator undertakes to use the device installed in the establishment that is capable of receiving television broadcasts solely or predominantly for the purpose of viewing sports broadcasts in the license agreement with OSA, the royalty under the above-mentioned table will be reduced by 15% (Section 100(6) of Act No.121/2000 Coll., as amended) does not apply to rates set forth in Section II(c). c) Royalties for the use of works in the rooms of accommodation, spa and similar facilities. Shares for collective rights-management societies (CRMSs) in radio receivers: 50% INTERGRAM; 50% OSA Shares for collective rights-management societies (CRMSs) in TV sets: 49.50% INTERGRAM; 49.50% OSA+DILIA+OOA-S Devices Daily royalty in from 19 May 2008 to 31 May 2008 Daily royalty in as of 1 June 2008 Radio receiver /* TV set /* TV set with radio receiver /** Other audio device Other audiovisual device /* The monthly royalties payable for radio receivers and TV sets are set forth in an amendment to the Copyright Act No. 168/2008 Coll., effective as of 19 May 2008, for all the collective rights-management societies (CRMSs), and amount to 50% of the television and radio license fee payable for a single radio receiver and TV set. i.e., for a radio receiver and for a TV set. /** A single TV set with a DBT tuner installed, or a single TV set with a set top box connected, or a single monitor connected to a set top box that is capable of receiving television and radio broadcasts. Added to the above royalty rates is VAT at the statutory basic rate. III Discounts 1. The royalty rates under Article II will be reduced by 5% if the operator concludes an annual license agreement for the use of works in more than five establishments, i.e., a central license agreement. 2. Discounts are applied consecutively (each subsequent discount is calculated from the amount that reflects the previous discount). PART B Other Performances with Live Music or Music Playback This part of the pricelist makes reference to the calculations of royalties for the provision of license (consent) to the performance of musical works with or without words by means of live performances by performing artists or by means of technical devices in concerts of various genres, dance events, balls, tafel music, fashion shows, sports events, competitions, variety and cabaret shows, celebrations, corporate meetings, advertising, promotional and similar events held in publicly accessible premises of accommodation facilities. The following pricelists will be used to calculate the applicable royalties: Performances with live music and up to 3,000 visitors Pricelist M Performances with live music and over 3,000 visitors Pricelist V Performances with live classical music Pricelist VH Repeated performances with live music Pricelist O Use of works in gaming facilities or casinos Pricelist R Part B Use of works in phone receivers, in conferences and training courses Pricelist R Part B Other performances with music playback Pricelist R Part B Repeated performances with music playback Pricelist D Use of works in fitness routines or other sporting activities Pricelist S Use of works by means of jukeboxes Pricelist J 10

12 Accommodation, Spa and Similar Facilities 4/4 U PART C Joint Provisions 1. The amount of the royalty is set forth in the agreement; the arranged amount is usually due and payable within 15 days of the execution of the agreement (i.e., generally within 30 days of the preparation of the written draft of the agreement). If a 12-month agreement is concluded, the royalty may be paid in installments arranged in the agreement, if requested by the operator. Default interest paid in the case of defaults is governed by the generally binding legal rules and regulations, unless stipulated otherwise in the agreement. 2. Cases not provided for in this pricelist or another OSA pricelist will be resolved by agreement. 3. The royalty rates as listed herein, save for the rates given in article II, letter (c), may be increased from 1 January 2011 to reflect the inflation rate expressed by the increase in an average consumer price index for the period from 1 July 2009 to 30 June This list of rates becomes effective on 19 May 2008, except for article II, letters (a) and (b), which is part of the Rate List R and has become effective on 1 January 2009 and except for part C, clause 3 which becomes effective on 1 January

13 Jukeboxes and Similar Equipment 1/1 J I. Scope of application The Schedule uses for calculation of the remuneration for granting of license (consent) with performance of musical works, recorded performances and recordings (hereinafter items of protection ) pursuant to Section 20 of the Copyright Act No. 121/2000 Coll., as amended, by means of jukeboxes and similar equipment in audio or audio-visual form in those cases when the performance does not have the nature of a program for which admission fee is collected, either directly or indirectly, from the audience. Normal exploitation means the use of the items of protection serving as a background music in establishments providing hospitality services (e.g. restaurants, inns, bars, pizzerias, buffets, cafés, wine bars, confectioneries, cafeterias, fast-food stands), accommodation services (e.g. hotels, guest houses, recreation facilities, spa facilities, sanatoriums) and other establishments where the equipment of this type may be installed. The remuneration includes also the remuneration for the consent with reproduction of works, artistic performances recorded as audio recordings and such recordings pursuant to Section 13 of the Copyright Act No. 121/2000 Coll., as amended. Jukebox means a music machine with a coin slot or without a coin slot enabling exploitation of the items of protection, and this entirely from audio or audio-visual records the selection and order of which are usually to be determined. It is possible to connect to the machine not only loudspeakers, but also screens enabling transmission of the visual component of the work. Remuneration in accordance with this Schedule is remuneration for granting of license for performance of musical works with lyrics or without lyrics. The remuneration comprises also remuneration for granting of license for performance of artistic performances from audio recordings and for performance of such recordings the property rights to which are managed by collective rights manager INTERGRAM, independent association of performers and producers of sound and sound-visual recordings o.s., exercising collective management of the items mentioned above, and this pursuant to the agreement concluded between OSA and ITERGRAM on authorization for representation in exercise of collectively managed right for performance of artistic performances recorded in the form of audio recordings and such recordings by means of jukeboxes and similar equipment. II. Remuneration Type of equipment Monthly remuneration Audio jukebox /** 1,628 Video jukebox /** 2,805 The rates of author s remuneration shall be increased by VAT at statutory rate. /** the remuneration includes also remuneration for indispensably connected basic loudspeakers or screens that form an inseparable part of the equipment and are owned by the 12 owner of the jukeboxes and are not used in the establishment for any other purpose of exploitation of the items of protection. III. Discounts 1. The rates of author s remuneration shall be reduced to those operators that duly fulfill their duties by 30%. Due fulfillment of duties means performing of the items of protection with the consent of the legitimate right holders, the fact that the operator has as of the moment of acceptance of the proposal of license agreement no overdue obligations towards OSA and has fulfilled his other obligations regularly as they became due and in compliance with the Copyright Act. This discount may not be applied in the event of failure to observe the due date of the invoice sent by OSA pursuant to the duly executed agreement. 2. The rates of remuneration under article II. shall be reduced by 5% in the event that the operator concludes an annual license agreement for the use of the items of protection in more than 5 establishments, i.e. so-called central license agreement. 3. Discount application Discounts are to be applied consecutively (each subsequent discount is to be calculated from the amount upon application of the preceding discount). IV. Joint Provisions 1. The amount of the remuneration is provided in the agreement, subject to the provision that the amount is usually payable within 15 days of execution of the agreement (i.e. usually within 30 days of written execution of the agreement proposal). In the event the agreement is concluded for a period of 12 months, it is possible to pay the remuneration at the request of the operator also in the form of installments agreed in the agreement. Late payment interest shall be governed by generally binding legal regulations, unless provided otherwise in the agreement. 2. Any cases that are not provided for in this or other OSA Schedule shall be resolved by agreement. 3. The rates of remuneration pursuant to this Schedule of rates may be increased from 1 January 2011 in accordance with the inflation rate expressed by the increase of the average annual consumer price index for the period from 1 July 2009 until 30 June This Schedule replaces the author s remunerations as stipulated in the previous issue of the Schedule R, article II, letter b) and it comes into effect as of 1 May As of this date Schedule R, which was valid from 1 January 2008, and the rates of remuneration pursuant to table No. 1 of the Schedule of the collective rights manager INTERGRAM issued on 17 December 2008 and except for the change of par. 3 of part IV, which comes into effect on 1 January 2010, cease to be valid.

14 Live Performances - Popular Music - up to Visitors 1/5 M I. Applicability This pricelist applies to the calculation of royalties for the license (consent) granted to perform musical works with or without words performed live by performing artists in concerts, dance events, balls, tafel music, festivals, fashion shows, sport events, competitions, variety shows, celebrations, corporate events, advertising, promotional and similar events, organized on premises or in venues that accommodate no more than visitors. This pricelist further applies to musical performances wherein performing artists DJs participate in the use of the works, predominantly creating or adapting musical works in their performances from carriers and by means of technical devices. Under a contract with DILIA divadelní, literární, audiovizuální agentura o.s., a copyright collective management agency, OSA has been representing from 1 June 2010 also the authors of verbal works which are used as part of performances of musical works. II. Royalties Max. no. Average price of admission in, VAT excl.; min. max. of up to 30,- /** visitors Royalty in Added to the above royalty rates is VAT at the statutory basic rate. /** Does not apply to performances under Section IV(3)(b) 13

15 Live Performances - Popular Music - up to Visitors 2/5 M Max. no. Average price of admission in, VAT excl. To be added per each extra of (even if incomplete) visitors Royalty in Added to the above royalty rates is VAT at the statutory basic rate. II. Special Use 1. Musical performances in parades and marches the royalty amounts to 725 per each performing band. 2. Street musical performances without paid admission organized by the performer the royalty amounts to 190 daily. 3. Ceremonies (weddings, funerals, matriculation, graduations etc.), provided that the musical performance forms a part of paid services the royalty amounts to 43 per ceremony. 4. Promotions, public relations and marketing events (without admission) Public relations events mean events where the public is addressed with the aim to create a positive relation to certain ideas, activities and institutions. Promotions mean events where the public is addressed with the aim to affect the demand for products and services. Marketing events mean offers of products or services. The royalty amounts to 3% of the total costs of the musical performance; however, no less than 7 per viewer/visitor of the event. 5. The royalty payable for fashion shows, hair-styling and similar shows, wherein works are used by performing artists and otherwise, amounts to 3% of the total costs of the entire music element of the performance; however, no less than 7 per visitor of the event and per one performance. 6. The royalty payable for musical performances wherein performing artists DJs participate in the use of the works, predominantly creating or adapting musical works in their performances from carriers and by means of technical devices, amounts to 6% of the gross income (VAT excl.); however, no less than 25 per visitor. The royalty already reflects the proportion of protected and unprotected works used. 7. Where a musical performance features as an independent part a spoken word performance having the nature of verbal work (see clause 4 of article IV), the royalty under article II and III shall be increased 14

16 Live Performances - Popular Music - up to Visitors 3/5 M depending on the total time of the spoken word performance as follows: up to 5 minutes 9%, up to 10 minutes 11.5%, up to 15 minutes 14%, up to 20 min 16.5%, over 20 min 19% Added to the above royalty rates is VAT at the statutory basic rate. IV. Definitions 1. Musical Performance Musical performance means an uninterrupted performance organized at a specific time and place. Uninterrupted performance (show) organized in a single day in the same venue with or without paid admission to the entire performance is deemed to constitute a single performance. In the event of festivals (and similar events) that exceed one day in duration and are held in the same venue with or without paid admission for the entire duration of the festival or individual days, an uninterrupted performance that takes place on a single day of the festival is deemed to constitute one musical performance. In the event of festivals that comprise musical performances at various times or at various venues (scenes) with separate admission, each of these performances will be deemed to constitute a separate performance. 2. Number of visitors If the organizer fails to document the number of the performance s visitors, the calculation of the royalty will be based either on the capacity of the venue, i.e., the maximum possible number of visitors to whom the work is to be communicated; however, no less than the capacity specified in the occupancy permit for the venue, or on the assumption of 1.5 visitor per 1 m 2 for open-air musical performances. If the organizer proves the total number of the performance s visitors (both paying and free visitors), i.e., the total number of persons to whom the works were communicated, in a credible manner (i.e., by means of documents from companies that sell tickets, documents from the accounting books of the organizer, documents from the municipality that collects admission fees etc.) within 14 days of the performance, the royalty will be calculated on the basis of this number of visitors (Section 100(1)(h) of Act No. 121/2000 Coll., as amended). 3. Admission a) Admission (VAT incl.) means the fee that, when paid by the visitor, gives the visitor the right to attend a cultural or societal event wherein musical works are used. Different terms used for this fee (e.g., seat reservation, participation fee, club fee, membership fee, fee for various services associated with the attendance of the event etc.) are irrelevant. If the admission authorizes the visitor to attend a performance that exceeds one day in duration, the admission to the performance (a single day) will be calculated by dividing the total admission by the number of days of the performance the admission to which was purchased by the visitor. If the organizer proves the amount of its gross income, i.e. the total income from the sold admissions, VAT excl., with the total number of sold admissions stated (i.e., the number of admissions from the highest nominal value until, and including, zero-value admissions) within 14 days of the performance in a credible manner, the subsequent calculation of the royalty will be based on the average price of admission calculated using this income. Free admissions are deemed admissions with the nominal value of 30 (VAT excl.) and will be added to the presented gross income before the calculation of the average price of admission. b) If the musical performance is sold as part of other services (e.g., accommodation, catering, refreshments, incl. the provision thereof in the form of receptions or mandatory consumption, rehabilitations etc.) or if the musical performance is a mere ancillary component of another programme (i.e.., it does not form the basis of the event both in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.), and the operator or another mediator of the event fails to provide the calculation of material costs associated with the organization of this performance, a minimum admission in the amount of 200 per visitor will be set forth for the calculation of the royalty. If the operator provides a calculation of the costs of the performance, the calculation will be based on these costs as follows: the costs for the remuneration of the performing artists will be divided by the number of the visitors of the performance. The number attributable to a single visitor is deemed to constitute the admission, and the royalty will be calculated in line with the rates specified in Article II on the basis of admission in the amount of no less than 200. If the use of the musical works is not of a merely ancillary nature to the event, the royalty will be calculated at the rates stipulated in Article II. If the musical performance is a mere ancillary component of another programme to which no admission is directly collected, the admission is voluntary or lower than 30 (i.e.., it does not form the basis of the event both in terms of the motivation to attend and in terms of duration; e.g., musical performances in exhibitions and fairs, celebrations etc.) and/or if the agency (or another mediator) provides the client with a musical performance (or another programme that incorporates the use of musical works) to which no admission is directly collected or the admission is voluntary or lower than 30, the royalty will be determined pursuant to the preceding provision. If the use of the musical works is not of a merely ancillary nature to the event, the royalty will be calculated at the rates stipulated in Article II. Example: 15

17 Live Performances - Popular Music - up to Visitors 4/5 M Capacity of venue Royalty for each additional 200 visitors, even if incomplete Royalty in Added to the above royalty rates is VAT at the statutory basic rate. c) The royalty payable for musical performances to which no admission is collected, or the admission is lower than 30, save for the musical performances that have the nature under paragraph (b), will be determined as follows: If the operator or another mediator of the event provides a calculation of the material costs associated with the organization of the event, the royalty will amount to 7% of the presented costs; however, no less than the amount of the corresponding royalty payable if the admission amounted to no more than 30, as specified in Article II. If the operator or another mediator of the event fails to provide a calculation of the material costs associated with the organization of the event, the royalty will amount to the corresponding royalty payable if the admission amounted to 31, as specified in Article II. d) Musical performances where admission is free or voluntary are deemed performances with the admission of 30, save for musical performances that have the nature specified in paragraph (b). e) Average price of admission is calculated from the sum of the prices of the individual types of admission (or another fee on the basis of which the operator allows visitors to visit the musical performance). The sum of the prices of the individual types of admission is then divided by the number of the types of admission. f) Admissions cheaper than 30% of the price of the most expensive type of admission and admissions cheaper than 30 (incl. free admission) are not taken into account. These admissions will be taken into accounts solely in respect of performances that are demonstrably humanitarian and charity in nature wherein the number of non-paying visitors amounts to no less than 75% of the total number of the event s visitors. 4. Verbal work A verbal work for the purposes hereof means literary and theatre works or parts thereof as well as adaptations thereof, such as short scenes, scripts, poems, dramas etc. Appearances of a presenter or other persons introducing individual musical performances do not classify as a verbal work. V. Discounts 1. Royalty rates decrease in line with the number of inhabitants of the municipality that accommodates the musical performance by: 5% in municipalities with to inhabitants 10% in municipalities with to inhabitants 15% in municipalities with 501 to inhabitants 20% in municipalities with 500 inhabitants and less. 2. The royalty rates under Articles II and III are decreased by 5 % if the Operator concludes an annual license agreement on the use of musical works in all, but no less than five, separate musical performances in the contractual period. License agreements with a 5% discount may also be concluded in respect of separate tours, provided that no less than 5 separate performances are organized within the tour. 3. The royalty rates payable by operators who fulfill their obligations duly are reduced by 30%. Due fulfillment of obligations means the performance of musical works with the consent of the authorized copyright holders; the delivery of a duly filled in set list of compositions (i.e., whole titles of compositions, incl. the names of authors and the names of authors of the words, if any) that truly reflects the reality; the fact that the operator has no overdue liabilities to OSA when it receives the proposal for the conclusion of a license agreement application; and the operator s regular fulfillment of its obligations when due and in compliance with the Copyright Act. If the set list is incomplete, in particular if the names of the authors/lyricists of the used compositions are missing, the royalty rate will be reduced by 20% only. 16

18 Live Performances - Popular Music - up to Visitors 5/5 M 3/4 4. If the organized performance is didactic and non-commercial in nature and is aimed at elementary and secondary schools or other educational or pre-pre-school facilities, education institutes or other facilities of social care, a discount of 5% will be provided to the Operator. 5. In the execution of a license agreement, the royalty set in compliance with the above-mentioned principles may be further reduced on the operator s request in light of the provision of Section 100(6) of Act No. 121/2000 Coll., as amended, including, without limitation, cases when the musical works are not performed within the conduct of business or other profitable activities, or if the discount is reasoned, for instance, by the purpose and circumstances of the use of the musical works (e.g., taking into account the nature or purpose of the event, the economic or business benefit, the scope of the use of the copyrighted works or other objective and demonstrable reasons). 6. If the scope of protected and unprotected works (i.e., on the basis of supplied lists of the used compositions from the individual performing artists) within the organized musical performance that includes performances by a larger number of performing artists (i.e., musical groups, solo artists etc.) can be ascertained, the following discounts may be provided: Share of unprotected worksin the entire performance Provided discount Share of unprotected works in the entire performance Provided discount Up to 10% 0% 51-60% 25% 11-20% 5% 61-70% 30% 21-30% 10% 71-80% 35% 31-40% 15% More than 81% 40% 41-50% 20% VI. Joint Provisions 1. The amount of the royalty is set forth in the agreement; the arranged amount is usually due and payable within 15 days of the execution of the agreement (i.e., generally within 30 days of the preparation of the written draft of the agreement). If a 12-month agreement is concluded, the royalty may be paid in installments arranged in the agreement, if requested by the operator. Default interest paid in the case of defaults is governed by the generally binding legal rules and regulations, unless stipulated otherwise in the agreement. 2. Cases not provided for in this pricelist or another OSA pricelist will be resolved by agreement. 3. The royalty rates as listed herein may be increased from 1 January 2011 to reflect the inflation rate expressed by the increase in an average consumer price index for the period from 1 July 2009 to 30 June This list of rates, which supersedes all the previous versions hereof, becomes effective on 1 January 2009, except for clause 3 of article VI which becomes effective on 1 January 2010 and clause 7 of article III which becomes effective on 1 June In the event of a single musical performance with a clearly divided music performance to a part performed by supporting acts or other artists and to a part performed by the headlining performing artist(s), the royalty payable for the entire performance will be divided to 25% for the 1st part of the music performance and to 75% for the headlining performing artist(s). This proportion may reflect the scope of protected and unprotected compositions used within the entire music performance under the table above. 7. Application of discounts Discounts are applied consecutively (each subsequent discount is calculated from the amount that reflects the previous discount). 17

19 Live Performances - Popular Music - over visitors 1/5 V I. Applicability This pricelist applies to the calculation of royalties for the license (consent) granted to perform musical works with or without words performed live by performing artists in concerts, festivals, fashion shows, competitions, variety shows, celebrations, corporate events, advertising, promotional and similar events, organized on premises or in venues that accommodate over visitors. This pricelist further applies to musical performances wherein performing artists DJs participate in the use of the works, predominantly creating or adapting musical works in their performances from carriers and by means of technical devices. Under a contract with DILIA divadelní, literární, audiovizuální agentura o.s., a copyright collective management agency, OSA has been representing from 1 June 2010 also the authors of verbal works which are used as part of performances of musical works. II. Royalties Max. no. Average price of admission in, VAT excl. of Up to 30,-/** visitors Royalty in Premium in for each additional visitors (even if incomplete) over visitors Added to the above royalty rates is VAT at the statutory basic rate. /** Does not apply to performances under Section IV(3)(b) 18

20 Live Performances - Popular Music - over visitors 2/5 V Average price of admission in, VAT excl Royalty in Max. no. of visitors Premium for each additional 100 (even if incomplete) Premium in for each additional visitors (even if incomplete) over visitors Added to the above royalty rates is VAT at the statutory basic rate. III. Special Use 1. Musical performances in parades and marches the royalty amounts to 725 per each performing band. 2. Street musical performances without paid admission organized by the performer the royalty amounts to 190 daily. 3. Ceremonies (weddings, funerals, matriculation, graduations etc.), provided that the musical performance forms a part of paid services the royalty amounts to 43 per ceremony. 4. Promotions, public relations and marketing events (without admission) Public relations events mean events where the public is addressed with the aim to create a positive relation to certain ideas, activities and institutions. Promotions mean events where the public is addressed with the aim to affect the demand for products and services. Marketing events mean offers of products or services. The royalty amounts to 3% of the total costs of the musical performance; however, no less than 7 per viewer/visitor of the event. 5. The royalty payable for fashion shows, hair-styling and similar shows, wherein works are used by performing artists and otherwise, amounts to 3% of the total costs of the entire music element of the performance; however, no less than 7 per visitor of the event and per one performance. 6. The royalty payable for musical performances wherein performing artists DJs participate in the use of the works, predominantly creating or adapting musical works in their performances from carriers and by means of technical devices, amounts to 6% of the gross income (VAT excl.); however, no less than 25 per visitor. The royalty already reflects the proportion of protected and unprotected works used. 7. Where a musical performance features as an independent part a spoken word performance having the nature of verbal work (see clause 4 of article IV), the royalty under article II and III shall be increased depending on the total time of the spoken word performance as follows: up to 5 minutes 9% up to 10 minutes 11.5% up to 15 minutes 14% up to 20 min 16.5% over 20 min 19% Added to the above royalty rates is VAT at the statutory basic rate. 19 3