Aniko GYENGE: The Hungarian model of licensing orphan works

Size: px
Start display at page:

Download "Aniko GYENGE: The Hungarian model of licensing orphan works"

Transcription

1 Aniko GYENGE: The Hungarian model of licensing orphan works (Presentation at the ES Presidency conference on Digitisation of cultural material. Digital libraries and copyright 14 March 2010, Madrid) We were asked to speak about the new Hungarian rules on orphan works, especially about the policy questions, such as the considerations of choosing the model of special licensing. In the second part I will introduce you to the elements of the existing rules, and as a final step I will mention some directions in which the actual Hungarian law could be developed on the basis of a future EU law. First of all I have to emphasize that the new legislation about which I will speak a bit later is only one tool of a more complex system of opportunities to legally use works which are protected but we do not know their rightholder or we are not able to find them. These opportunities are the following: 1.The extended collective licensing system. According to the Copyright Act the collecting societies registered at the Ministry of Culture and Education authorize the use for the users and on the basis of this licence the user shall be entitled to the same use of all the works of the same type. But I have to emphasize that in the Hungarian system of collective management the CMO is registered for concrete rights of concrete groups of rightholders. The power of the CMO covers exclusively the group of the rightholders and the type of their rights in regard of which and whom it is registered. 2.The exceptions and limitations. According to the Copyright Act uses falling within the scope of the free use shall not be subject to the payment of any consideration and to any authorization of the author. We have a very long list of exceptions and limitations for private uses, education, archiving, scientific

2 research and so on. They cover practically all types of rights but they are strictly bound to the specialised and reasoned aim of the use. 3.We have special regulations on anonymous and pseudonymous works. These state that if a work was published anonymously or under a pseudonym, the author's rights shall be exercised, until the author becomes known, by the person who first published the work. As a consequence of this system there are many rights (covered by collective management) which cannot be orphan, there are many types of uses (covered by exceptions and limitations) which do not require a licence and there are a third group of works of which author is not identifiable for everybody but can be licensed by the publisher. Keeping this in our mind when we prepared the special legislative solution for the problem of orphan works, practically we had only to complete the system in regard of the uses which do not fall within collective management, exceptions or under the rule of anonymous and pseudonymous works. So that was the legislative situation in Hungary before The new Hungarian legislation followed the call of the European Commission i2010 initiative which proposed that the Member States take concrete steps to solve the problem of licensing such rights which cannot be licensed in other traditional ways. The Hungarian law refers directly to the Commission Recommendation 2006%585/EC on the digitisation and online accessibility of cultural material and digital preservation. Of course I know that this is not a binding law but in Hungary there was another and perhaps more important argument supporting the introduction of a solution because it was already an acute practical problem which needed a prompt response. And that was the legal situation of our national film heritage. Most of the rights of the older Hungarian films are owned by the state, thanks to a nationalization during the communist area. The nationalization covered all the rights which

3 were guaranteed by the 1969 copyright act. Nevertheless the digital rights (and especially the right to make the work available to the public online) remained behind with the original right holders who are mostly unknown or we do not know where they can be found. This was due to a very old principle of Hungarian law, namely that no licence can be validly granted for a means of use that is unknown at the time a contract is concluded. This principle was acknowledged by the court as regarding the nationalization also. On this legal basis the older Hungarian films could not be made available to the public online and they were dying in the archives. The problem could not be solved by collective management because the rightholders of the films who are known would like to licence the making of their films available to the public online individually. We could not create an exception because it would have been an obvious infringement of the EU law. And of course most of them could not be qualified as an anonymous or pseudonymous work. Of course we had also got some information from our libraries that they couldn t digitize their collections, but we didn t get any exact data about how many items of the collections can be qualified as orphan. Nevertheless it was an indication that we have to find a more general solution and we have to take into consideration all of the similar problems. Of course before amending the Copyright Act the Ministry of Justice analysed the possible regulatory models which seemed to be applicable for solving the situation. For example the Nordic Member States of the EU use the blanket license system for licensing orphan rights. But in the frame of the Hungarian copyright law only the collecting societies can use blanket licenses and even then exclusively in relation to the rights which are managed by them on the basis of their

4 registration at the Ministry of Culture. So, their competence is not a general one and it does not apply to all orphan rights. From this point of view the Hungarian law on collective rights management is a dual system: there are rights which belong to mandatory collective management and others that belong to voluntary collective management. It is strictly regulated in the international and EU copyright law where a Member State can introduce mandatory collective management of the rights but neither law mentions the orphan rights as such. Voluntary collective management of the rights is possible if a number of the relevant rightholders would like to establish a collecting society for collective management of a right. But as the possible orphan rights are so diverse and the identifiable rightholders are not interested in collective management, this legal tool did not seem to be the appropriate one to solve the problem, although there was a collecting society which was open to managing the orphan rights. But as I mentioned the Hungarian system of collective management does not make it possible for a CMO to manage every right but the rights of right holders only in relation to which and to whom they are registered at the Ministry of Culture. That is why the new provisions on authorising the use of orphan works cannot be applied to those types of uses in respect of which rights clearance takes place through collective management. The government examined the US bill on orphan rights too. According to the US model the remedies for infringement shall be limited if the infringer proves by a preponderance of the evidence that before the infringement began, the infringer or a person acting on behalf of the infringer (I) performed and documented a qualifying search, in good faith, for the owner of the infringed copyright and was unable to locate the owner of the infringed copyright. I think it is a remarkable solution, and the cheapest one, but the cultural institutions indicated during the consultations that they can not support the introduction of such a regime because the costs of it are not predictable and that is why they can hardly

5 build the risk of infringement into their budget. Nevertheless one element of the US proposals should be adopted: this is the principle of diligent research which was also emphasised by the Commission and which can be found in the Canadian orphan works legislation too, which, as we will see, became our primary model. After taking into consideration these models and the practical arguments, the Government decided against them and chose the third, practically the Canadian model: the introduction of a special licensing scheme. The Amending Act of the Copyright Act was adopted in December 2008 and entered into force on 1 February The system for licensing orphan rights has been completed by the adoption of Government Decree 100/2009. (V. 8.). It entered into force on 16 May According to the new 57/A. of the CA the Hungarian Patent Office grants a license for a proportionate royalty for the applicant, who carried out a due diligence search depending on the type of the work and the use applied - but did not succeed to find the right holder. A diligent search for the rightholder is required as a precondition for lawfully using an orphan work. Sector-specific criteria are to be applied when examining whether a diligent search has been performed. The fact that a diligent search has been performed needs to be documented. Article 3(1) of the Government Decree establishes a non-exhaustive list of measures that may be taken to perform a diligent search. The examples given in this Article do not constitute a minimum number of search steps, either. A prospective user can perform a diligent search without taking all the measures listed, but, on the other hand, even taking all the measures on the list may not amount to a truly diligent search. This has to be determined with due regard to the individual circumstances of each case.

6 The following measures are mentioned in Article 3(1) of the Government Decree: - searching the database set up by the HPO on the basis of its voluntary register of works, - searching the databases of CMOs, - searching databases available on the Internet, - searching databases suitable for finding the residence of the rightholder, - searching the databases of publicly accessible collections of works, - requesting information from organisations engaged in publishing works on a regular basis, from persons carrying out some other use of the work, from other authors of the work if they are known and can be found, as well as from public authorities performing official functions in relation to the work, - advertising in national daily newspapers. Article 1(2) of the Government Decree makes it clear that its provisions are to be applied mutatis mutandis to licensing the use of artists performances. Therefore, other related rights (such as the rights of phonogram producers, film producers and broadcasting organizations) are not covered. Significantly these rights are owned by legal entities, and it might perhaps be said that the successor of a legal entity is easier to identify. The license is valid for a maximum of 5 years, solely within the territory of the Hungarian Republic, is not exclusive, can not be transmitted, does not cover the right to give further licenses, and does not allow the adaptation of the work.

7 If the use is not designed to earn or increase income, the compensation shall be paid after the author or his place of residence becomes known. If the use is designed to earn or increase income even in an indirect manner, the compensation shall be deposited in advance with the Hungarian Patent Office. The new Hungarian legislation offers a preferential treatment for not-for-profit uses: the amount of remuneration does not have to be deposited and a preferential rate of the administrative fees applies. If the right holder re-appears when the licence is still in force, the HPO revokes the license without retroactive force, but leaving the possibility for the licensee to continue the use for the time remaining from the licence for a maximum of one more year - without extending the volume of the use. The right owner can demand the royalty a maximum of 5 years after the revocation of the licence, or the expiration thereof. After this period of time the HPO transfers the deposit to the collective right management society which grants licenses for the other works of the right owner or, in the lack of such a society, to the National Cultural Fund. The National Cultural Fund shall use the compensation transferred for making cultural goods accessible. If the sum of the royalty is contested by the right-owner, the rules of the copyright tribunal proceedings are to be applied. The rules detailed above cannot be applied in cases where the right to grant the licence belongs to a collective rights management society. Hungarian legislation (namely, Article 8 of the Government Decree) also provides for a register of orphan works. It is to be kept by the HPO, but only in respect of those orphan works for the use of which it has granted a licence. It is a

8 publicly available administrative register that can be consulted and inspected by anyone. It has to be made accessible electronically (online). As a final remark I have to emphasize that a new legal regime in its first working year should not be adjudicated upon. We cannot yet judge its effectiveness. Theoretically speaking it guarantees respect for copyright and can help the legal certainty of the uses, but of course it has only an indirect effect on piracy. I have to admit that although under certain circumstances a single licence can be requested for multiple orphan works, the scheme is not fully suited to deal with mass-scale digitisation projects involving a large number of works. Nevertheless as far as I know the HPO has received a serious request from the National Audiovisual Archive to license 370 works and one other from the Library of the Hungarian Parliament for about 1000 works. The register of orphan works kept by the HPO will necessarily remain incomplete, although a publicly available online register can be developed on the basis of applications relating to orphan works or another register for the purposes of looking for rightholders. Of course we don t know to what extent the Hungarian scheme would fit in with a Europe-wide solution to the issue of orphan works, and, in particular, whether, and under what conditions, it would ensure mutual recognition of different arrangements (in particular, different criteria for diligent searches) in various EU Member States. We are open to methods of improving our system and it is our secret intent to export the positive elements of the system to the European level. I hope that we

9 will have the possibility to do this during the Hungarian Presidency, where a major copyright priority is the promotion of the EU-wide solution to the problem of orphan works. I don t think that we could describe ourselves as having finished our work at the end of the day, but I am sure that we have taken the most important step and I think the Hungarian Government is committed to going forward on this path. Aniko GYENGE Head of unit Ministry of Justice and Law Enforcement European Law Department Consumer Protection, Copyright and Industrial Property Unit Tel.: Fax: Mail:

Free access to information and culture: between freedom of expression and commercial interest Copyright law Access to public events

Free access to information and culture: between freedom of expression and commercial interest Copyright law Access to public events Free access to information and culture: between freedom of expression and commercial interest Copyright law Access to public events 27 May 2014, Bucharest Prof. Dr. Stephan Ory Conclusion There is no European

More information

Orphan Works. compared internationally. Armin Talke Academic Services and Copyright Advisor Berlin State Library, Berlin, Germany

Orphan Works. compared internationally. Armin Talke Academic Services and Copyright Advisor Berlin State Library, Berlin, Germany Orphan Works compared internationally Armin Talke Academic Services and Copyright Advisor Berlin State Library, Berlin, Germany Joint IFLA CLM & EBLIDA Satellite Meeting, 13 14 August 2014, Strasbourg

More information

ACT. of 15 March 2002

ACT. of 15 March 2002 215 ACT of 15 March 2002 on electronic signature and on the amendment and supplementing of certain acts as amended by Act No. 679/2004 Coll., Act No. 25/2006 Coll., Act No. 275/2006 Coll., Act No. 214/2008

More information

BRINGING EUROPE S CULTURAL HERITAGE ONLINE, p.9. 1 The New Renaissance. REPORT OF THE COMITÉ DES SAGES REFLECTION GROUP ON

BRINGING EUROPE S CULTURAL HERITAGE ONLINE, p.9. 1 The New Renaissance. REPORT OF THE COMITÉ DES SAGES REFLECTION GROUP ON ACE Response to the Green Paper on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market The Association des Cinémathèques Europénnes

More information

Understanding copyright: the theory

Understanding copyright: the theory Understanding copyright: the theory Andrew Braid Licensing and Copyright Compliance The British Library OUTLINE Brief introduction to copyright How copies can be made Recent changes How The British Library

More information

Copyright Notice: digital images, photographs and the internet

Copyright Notice: digital images, photographs and the internet Copyright Notice: digital images, photographs and the internet Copyright Notice Number: 1/2014 Updated: March 2014 What is a Copyright Notice?... 1 Copyright in images and photographs... 1 The basics...

More information

ELECTRICITY MARKET ACT

ELECTRICITY MARKET ACT 1 NB: Unofficial translation Ministry of Trade and Industry, Finland ELECTRICITY MARKET ACT (386/1995; amendments up to 1172/2004 included) In accordance with a decision by Parliament, the following is

More information

Yearbook. Building IP value in the 21st century. Taking a ride on the Birthday Train. KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas

Yearbook. Building IP value in the 21st century. Taking a ride on the Birthday Train. KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas Published by Yearbook 2016 Building IP value in the 21st century Taking a ride on the Birthday Train KUHNEN & WACKER Intellectual Property Law Firm Christian Thomas KUHNEN & WACKER Intellectual Property

More information

Terms of Reference Annex: Copyright Licensing

Terms of Reference Annex: Copyright Licensing Terms of Reference Annex: Copyright Licensing 1. Interpretation 1.1 The definitions, below, apply to both this Annex and the Terms of Reference in relation to complaints brought to Ombudsman Services:

More information

Question 1 Please say whether and why you would prefer to implement using Option 1 or 2?

Question 1 Please say whether and why you would prefer to implement using Option 1 or 2? ALCS Response to the Consultation on the Implementation of the EU Directive on the Collective Management of Copyright and Multiterritorial Licensing of Online Music Rights in the Internal Market. The Authors

More information

MUSIC PUBLISHERS ASSOCIATION RESPONSE TO THE TECHICAL REVIEW OF REGULATIONS FOR EXTENDED COLLECTIVE LICENSING

MUSIC PUBLISHERS ASSOCIATION RESPONSE TO THE TECHICAL REVIEW OF REGULATIONS FOR EXTENDED COLLECTIVE LICENSING MUSIC PUBLISHERS ASSOCIATION RESPONSE TO THE TECHICAL REVIEW OF REGULATIONS FOR EXTENDED COLLECTIVE LICENSING 28 January 2014 MPA response to the technical review of regulations for Extended Collective

More information

Regulation of Investment Advising, Investment Marketing and Investment Portfolio Management Law, 1995 1. Chapter A: Interpretation

Regulation of Investment Advising, Investment Marketing and Investment Portfolio Management Law, 1995 1. Chapter A: Interpretation The following translation is intended solely for the convenience of the reader. This translation has no legal status and although every effort has been made to ensure its accuracy, the ISA does not assume

More information

Berlin, 20 August 2010

Berlin, 20 August 2010 European Network for Copyright in Support of Education and Science (ENCES) e.v. c/o - IUWIS - Humboldt-Universität zu Berlin Berlin School of Library and Information Science D-10099 Berlin Phone: 0049

More information

ELECTRONIC COMMERCE AND ELECTRONIC SIGNATURE ACT (ZEPEP-UPB1) (Official consolidated text)

ELECTRONIC COMMERCE AND ELECTRONIC SIGNATURE ACT (ZEPEP-UPB1) (Official consolidated text) ELECTRONIC COMMERCE AND ELECTRONIC SIGNATURE ACT (ZEPEP-UPB1) (Official consolidated text) On basis of article 153 of the National Assembly of Slovenia Rules of Procedure the National Assembly of the Republic

More information

Electronic Documents Law

Electronic Documents Law Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or

More information

TERMS AND CONDITIONS OF REGISTRATION Applicable for the top-level domain.se from May 27, 2015

TERMS AND CONDITIONS OF REGISTRATION Applicable for the top-level domain.se from May 27, 2015 TERMS AND CONDITIONS OF REGISTRATION Applicable for the top-level domain.se from May 27, 2015 (The Swedish version of these terms and conditions shall prevail) 1 INTRODUCTION 1.1 Stiftelsen för Internetinfrastruktur

More information

ELECTRONIC SIGNATURE LAW

ELECTRONIC SIGNATURE LAW ELECTRONIC SIGNATURE LAW (Published in the Official Gazette ref 25355, 2004-01-23) SECTION ONE Purpose, Scope and Definitions Purpose Article 1 The purpose of this Law is to define the principles for the

More information

Copyright in Photography

Copyright in Photography Intellectual Property Guides Copyright in Photography Frequently asked questions relating to copyright in photographs Contents Copyright : The Basics Pages 1-2 Copyright in Photographs Pages 3-4 Other

More information

If you are in full agreement with the document, kindly return the signature page at the end of the documents

If you are in full agreement with the document, kindly return the signature page at the end of the documents Introducing Broker Agreement If you are in full agreement with the document, kindly return the signature page at the end of the documents Brokersclub Limited is a limited liability company registered in

More information

on Electronic Signature and change to some other laws (Electronic Signature Act) The Parliament has hereby agreed on this Act of the Czech Republic:

on Electronic Signature and change to some other laws (Electronic Signature Act) The Parliament has hereby agreed on this Act of the Czech Republic: 227/2000 Coll. ACT of 29 th June 2000 on Electronic Signature and change to some other laws (Electronic Signature Act) Amendment: 226/2002 Coll. Amendment: 517/2002 Coll. Amendment :440/2004 Coll. Amendment:

More information

Collective Rights Management and Extended Collective Licensing - a prerequisite for mass usage of Audio-visual Works?

Collective Rights Management and Extended Collective Licensing - a prerequisite for mass usage of Audio-visual Works? Collective Rights Management and Extended Collective Licensing - a prerequisite for mass usage of Audio-visual Works? 2013-04-05 Jerker Rydén Senior Legal Adviser National Library of Sweden A Digital Single

More information

Executive Summary Study on Co-Regulation Measures in the Media Sector

Executive Summary Study on Co-Regulation Measures in the Media Sector Executive Summary Study on Co-Regulation Measures in the Media Sector Study for the European Commission, Directorate Information Society and Media Unit A1 Audiovisual and Media Policies Tender DG EAC 03/04

More information

WHEREAS, the Copyright Board has determined that CPCC is the collecting body to whom the Levy is to be paid;

WHEREAS, the Copyright Board has determined that CPCC is the collecting body to whom the Levy is to be paid; CPCC REGISTRATION AGREEMENT NOT-FOR-PROFIT BUYER ZERO-RATING PROGRAM BETWEEN: Full legal name: Address: Tel: Fax: Email: Website: (hereinafter Registrant ) AND: Canadian Private Copying Collective 150

More information

ROYAL MAIL GROUP ADDRESS MANAGEMENT UNIT PAF DIRECT END USER LICENCE

ROYAL MAIL GROUP ADDRESS MANAGEMENT UNIT PAF DIRECT END USER LICENCE ROYAL MAIL GROUP ADDRESS MANAGEMENT UNIT PAF DIRECT END USER LICENCE Introduction This licence permits the use of PAF Data by an end user. Details of other licences available for the use of PAF Data can

More information

OXFORD UNIVERSITY PRESS ONLINE JOURNALS: INSTITUTIONAL ONLINE AGREEMENT

OXFORD UNIVERSITY PRESS ONLINE JOURNALS: INSTITUTIONAL ONLINE AGREEMENT OXFORD UNIVERSITY PRESS ONLINE JOURNALS: INSTITUTIONAL ONLINE AGREEMENT IMPORTANT: BY COMPLETING THE ONLINE REGISTRATION MATERIALS, SIGNING AND SENDING THEM TO OXFORD UNIVERSITY PRESS (OR BY SELECTING

More information

NATURAL GAS STORAGE LICENCE GRANTED TO [MARATHON OIL IRELAND LIMITED]

NATURAL GAS STORAGE LICENCE GRANTED TO [MARATHON OIL IRELAND LIMITED] NATURAL GAS STORAGE LICENCE GRANTED TO [MARATHON OIL IRELAND LIMITED] TABLE OF CONTENTS PART I: PART II: TERMS OF THE LICENCE CONDITIONS OF THE LICENCE Condition 1: Condition 2: Condition 3: Condition

More information

Final Report on Digital Preservation, Orphan Works, and Out-of-Print Works

Final Report on Digital Preservation, Orphan Works, and Out-of-Print Works 03/06/2008 i2010: Digital Libraries High Level Expert Group Copyright Subgroup Final Report on Digital Preservation, Orphan Works, and Out-of-Print Works Contributing Authors Prof. Marco Ricolfi, Chairman

More information

Knowledge. Practical guide to competition damages claims in the UK

Knowledge. Practical guide to competition damages claims in the UK Knowledge Practical guide to competition damages claims in the UK Practical guide to competition damages claims in the UK Contents Reforms to damages litigation in the UK for infringements of competition

More information

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Proposal for a 2012/0180 (COD) DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on collective management of copyright and related rights and multi-territorial licensing of rights in musical works

More information

Guidelines for the use of electronic signature

Guidelines for the use of electronic signature Republic of Albania National Authority for Electronic Certification Guidelines for the use of electronic signature Guide Nr. 001 September 2011 Version 1.3 Guidelines for the use of electronic signature

More information

PAYMENT SERVICES AND SYSTEMS ACT (ZPlaSS) CHAPTER 1 GENERAL PROVISIONS SUBCHAPTER 1 CONTENT OF THE ACT. Article 1. (scope)

PAYMENT SERVICES AND SYSTEMS ACT (ZPlaSS) CHAPTER 1 GENERAL PROVISIONS SUBCHAPTER 1 CONTENT OF THE ACT. Article 1. (scope) Legal notice All effort has been made to ensure the accuracy of this translation, which is based on the original Slovenian text. All translations of this kind may, nevertheless, be subject to a certain

More information

MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS

MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS MODEL CONTRACTS FOR SMALL FIRMS LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS International Trade Centre, August 2010 Contents Foreword Acknowledgements Introduction Chapter 1 International Contractual

More information

Memorandum of Understanding. Key Principles on the Digitisation and Making Available of Out-of- Commerce Works

Memorandum of Understanding. Key Principles on the Digitisation and Making Available of Out-of- Commerce Works Memorandum of Understanding Key Principles on the Digitisation and Making Available of Out-of- Commerce Works Whereas: (1) The scope of these principles are books and journals which have been published

More information

The Saskatchewan Medical Care Insurance Act

The Saskatchewan Medical Care Insurance Act 1 SASKATCHEWAN MEDICAL CARE INSURANCE c. S-29 The Saskatchewan Medical Care Insurance Act being Chapter S-29 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the

More information

SYNOPSIS OF THE PROTECTION OF TRADITIONAL KNOWLEDGE BILL

SYNOPSIS OF THE PROTECTION OF TRADITIONAL KNOWLEDGE BILL SYNOPSIS OF THE PROTECTION OF TRADITIONAL KNOWLEDGE BILL Pages: 12 First publication: 2010 Document no: 2OD2012 Cite as: Dean, OH Synopsis of the Protection of Traditional Knowledge Bill Doc: 2OD2012 IPStell

More information

Reseller Agreement. Domain Central Australia Pty Ltd (ACN 152 360 088) Level 27, 101 Collins Street, Melbourne VIC 3000 AUSTRALIA

Reseller Agreement. Domain Central Australia Pty Ltd (ACN 152 360 088) Level 27, 101 Collins Street, Melbourne VIC 3000 AUSTRALIA Reseller Agreement Domain Central Australia Pty Ltd (ACN 152 360 088) Level 27, 101 Collins Street, Melbourne VIC 3000 AUSTRALIA Telephone: 1300 139 643 Web: www.domaincentral.com.au Email: help@domaincentral.com.au

More information

EXPERTS AND ASSESSORS

EXPERTS AND ASSESSORS EXPERTS AND ASSESSORS PART 35 PART 35 Contents of this Part Rule 35.1 Rule 35.2 Rule 35.3 Rule 35.4 Rule 35.5 Rule 35.6 Rule 35.7 Rule 35.8 Rule 35.9 Rule 35.10 Rule 35.11 Rule 35.12 Rule 35.13 Rule 35.14

More information

How To Decide If A Bank Can Be A Successful Bank

How To Decide If A Bank Can Be A Successful Bank Legal notice All effort has been made to ensure the accuracy of this translation, which is based on the original Slovenian text. All translations of this kind may, nevertheless, be subject to a certain

More information

Electronic Commerce and Competition (October 2000)

Electronic Commerce and Competition (October 2000) Office of Economic Competition Electronic Commerce and Competition (October 2000) 1. Introduction The competition policy approach towards electronic commerce - as the market is in continuous change - is

More information

THE STOCK EXCHANGE ACT

THE STOCK EXCHANGE ACT THE STOCK EXCHANGE ACT Complete wording of the Act on the Stock Exchange of 18 June 2002 No 429/2002 Coll. as results from amendments made by Act No 594/2003 Coll., Act No 635/2004 Coll., Act No 43/2004

More information

186 ACT. of 24 April 2009

186 ACT. of 24 April 2009 186 ACT of 24 April 2009 on Financial Intermediation and Financial Counselling and on amendments and supplements to certain laws The National Council of the Slovak Republic has adopted the following Act:

More information

UIBL TOBA. United Insurance Brokers Ltd. Terms of Business Agreement

UIBL TOBA. United Insurance Brokers Ltd. Terms of Business Agreement TOBA United Insurance Brokers Ltd Terms of Business Agreement 1. Introduction and business service United Insurance Brokers Ltd () is an independent international insurance and reinsurance (1) Lloyd s

More information

PUBLISHING GREY LITERATURE IN ON-LINE REPOSITORY: COPYRIGHT LAW PERSPECTIVE

PUBLISHING GREY LITERATURE IN ON-LINE REPOSITORY: COPYRIGHT LAW PERSPECTIVE PUBLISHING GREY LITERATURE IN ON-LINE REPOSITORY: COPYRIGHT LAW PERSPECTIVE JAROMÍR ŠAVELKA, MICHAL KOŠČÍK jaromir.savelka@law.muni.cz, michalkoscik@gmail.com Institute of Law and Technology, Masaryk University,

More information

(28 February 2014 to date) PENSION FUNDS ACT 24 OF 1956

(28 February 2014 to date) PENSION FUNDS ACT 24 OF 1956 (28 February 2014 to date) [This is the current version and applies as from 28 February 2014, i.e. the date of commencement of the Financial Services Laws General Amendment Act 45 of 2013 - to date] PENSION

More information

Act XLVIII of 2008 on Essential Conditions of and Certain Limitations to Business Advertising Activity

Act XLVIII of 2008 on Essential Conditions of and Certain Limitations to Business Advertising Activity Act XLVIII of 2008 on Essential Conditions of and Certain Limitations to Business Advertising Activity /competition law related provisions of the Act/ In order to protect the health of citizens, in particular

More information

COPYRIGHT ACT CHAPTER 1 GENERAL PROVISIONS CHAPTER 2 RIGHTS OF AUTHORS

COPYRIGHT ACT CHAPTER 1 GENERAL PROVISIONS CHAPTER 2 RIGHTS OF AUTHORS REPUBLIC OF KOREA COPYRIGHT ACT TABLE OF CONTENTS CHAPTER 1 GENERAL PROVISIONS Article 1(Purpose) Article 2(Definitions) Article 3(Works of Foreigners) CHAPTER 2 RIGHTS OF AUTHORS SECTION 1. WORKS Article

More information

CZECH REPUBLIC ACT ON BONDS

CZECH REPUBLIC ACT ON BONDS CZECH REPUBLIC ACT ON BONDS Important Disclaimer This translation has been generously provided by the Czech National Bank. This does not constitute an official translation and the translator and the EBRD

More information

ESTRO PRIVACY AND DATA SECURITY NOTICE

ESTRO PRIVACY AND DATA SECURITY NOTICE ESTRO PRIVACY AND DATA SECURITY NOTICE This Data Privacy and Security Policy is a dynamic document, which will reflect our continuing vigilance to properly handle and secure information that we are trusted

More information

Mis-Sold Payment Protection Insurance (PPI) Claims Pack

Mis-Sold Payment Protection Insurance (PPI) Claims Pack Mis-Sold Payment Protection Insurance (PPI) Claims Pack Debt Clear Solutions is delighted to enclose an information and application pack that will enable us to reclaim any mis-sold Payment Protection Insurance

More information

HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT

HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT HYBRID SOLUTIONS INDEPENDENT SOFTWARE VENDOR AGREEMENT THE VERTEXFX TRADER API (THE SOFTWARE ) AND THE ACCOMPANYING DOCUMENTATION (THE RELATED MATERIALS ) (COLLECTIVELY, THE PRODUCT ) ARE PROTECTED BY

More information

CCBE POSITION ON THE PROPOSED ELECTRONIC IDENTITY AND

CCBE POSITION ON THE PROPOSED ELECTRONIC IDENTITY AND CCBE POSITION ON THE PROPOSED ELECTRONIC IDENTITY AND TRUST SERVICES REGULATION (COM(2012) 238/2) CCBE Position on the proposed electronic identity and trust services regulation (COM(2012) 238/2) The Council

More information

ADDENDUM to the Artist performance agreement for THE FESTIVAL ----------------------------- BETWEEN

ADDENDUM to the Artist performance agreement for THE FESTIVAL ----------------------------- BETWEEN ADDENDUM to the Artist performance agreement for THE FESTIVAL ----------------------------- Dated: BETWEEN 1. (((nombre de la sociedad))), S.A. with company tax code ---------- and with its principal offices

More information

Qualified Electronic Signatures Act (SFS 2000:832)

Qualified Electronic Signatures Act (SFS 2000:832) Qualified Electronic Signatures Act (SFS 2000:832) The following is hereby enacted 1 Introductory provision 1 The purpose of this Act is to facilitate the use of electronic signatures, through provisions

More information

General Mortgage Conditions for England and Wales

General Mortgage Conditions for England and Wales You can order all our publications in large print, Braille, audio cassette or CD. Your local branch will arrange this for you or you can contact us on 08457 30 20 10. If you have hearing or speech difficulties

More information

DIGITISATION OF CULTURAL MATERIAL, DIGITAL LIBRARIES AND COPYRIGHT

DIGITISATION OF CULTURAL MATERIAL, DIGITAL LIBRARIES AND COPYRIGHT DIGITISATION OF CULTURAL MATERIAL, DIGITAL LIBRARIES AND COPYRIGHT Spanish National Library, Ministry of Culture, Spain April 12 and 13, Madrid C. Trevor Clarke Assistant Director General World Intellectual

More information

ACT. of 22 May 2003. on insurance mediation 1. Chapter 1. General Provisions

ACT. of 22 May 2003. on insurance mediation 1. Chapter 1. General Provisions Kancelaria Sejmu Page 1 of 29 ACT of 22 May 2003 on insurance mediation 1 Chapter 1 General Provisions Article 1. This Act lays down rules for pursuing insurance mediation in the field of life and non

More information

Screening report Croatia

Screening report Croatia 14 September 2006 Screening report Croatia Chapter 7 Intellectual property law Date of screening meetings: Explanatory meeting: 6 7 February 2006 Bilateral meeting: 28 February 1 March 2006 Croatia: chapter

More information

Rules of Domain Name Registration in ENUM

Rules of Domain Name Registration in ENUM Rules of Domain Name Registration in ENUM Valid from October 1, 2007 1. INITIAL PROVISIONS 1.1. This document specifies Rules of Registration and delegation of second and lower level Domain Names under

More information

Law Governing Framework Conditions for Electronic Signatures and Amending Other Regulations

Law Governing Framework Conditions for Electronic Signatures and Amending Other Regulations Law Governing Framework Conditions for Electronic Signatures and Amending Other Regulations inofficial version for industry consultation for official German text please refer to the Official Journal (Bundesgesetzblatt

More information

Associate Agent Agreement

Associate Agent Agreement Associate Agent Agreement Between: THE EMPIRE LIFE INSURANCE COMPANY (referred to as Empire Life ) AND (referred to as Associate Agent ) Street Address: City or Town: Province: Postal Code: Effective Date:

More information

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, 28.8.2014 Official Journal of the European Union L 257/73 REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 on electronic identification and trust services for electronic

More information

NC General Statutes - Chapter 78C Article 3 1

NC General Statutes - Chapter 78C Article 3 1 Article 3. Registration and Notice Filing Procedures of Investment Advisers and Investment Adviser Representatives. 78C-16. Registration and notice filing requirement. (a) It is unlawful for any person

More information

The Distribution Rules Guide

The Distribution Rules Guide The PPL licenses recorded music played in public or broadcast and then distributes the licence fees to its performer and recording rightholder members. PPL s sister company VPL licenses music videos played

More information

Corporate Policy. Data Protection for Data of Customers & Partners.

Corporate Policy. Data Protection for Data of Customers & Partners. Corporate Policy. Data Protection for Data of Customers & Partners. 02 Preamble Ladies and gentlemen, Dear employees, The electronic processing of virtually all sales procedures, globalization and growing

More information

CODE OF CONDUCT FOR FINANCIAL ADVISERS

CODE OF CONDUCT FOR FINANCIAL ADVISERS CODE OF CONDUCT FOR FINANCIAL ADVISERS 1 The Code of Conduct for Financial Advisers Contents The Principles of Conduct of Finance Business... 3 1. Introduction... 5 2. Interpretation... 6 3. General principles...

More information

DECREE THE GOVERNMENT

DECREE THE GOVERNMENT THE GOVERNMENT No. 103/2006/ND - CP THE SOCIALIST REPUBLIC OF VIETNAM Independence Freedom Happiness ------------------------------ DECREE Hanoi, September 22, 2006 Making detailed provisions and providing

More information

FIRST DATA CORPORATION PROCESSOR DATA PROTECTION STANDARDS

FIRST DATA CORPORATION PROCESSOR DATA PROTECTION STANDARDS FIRST DATA CORPORATION PROCESSOR DATA PROTECTION STANDARDS As a world leader in electronic commerce and payment services, First Data Corporation and its subsidiaries ( First Data entity or entities ),

More information

General Terms and Conditions

General Terms and Conditions General Terms and Conditions I. 1 Roma Sconosciuta is a non-profit cultural association; it aims to promote the knowledge, the valorisation and preservation of the artistic, cultural, historical and architectonical

More information

GRTGAZ NETWORK TRANSMISSION CONTRACT

GRTGAZ NETWORK TRANSMISSION CONTRACT Page 1 of 9 GRTGAZ NETWORK TRANSMISSION CONTRACT APPENDIX A3 STANDARD EVIDENCE AGREEMENT English translation for information. Disclaimer The present translation is not binding and is provided by GRTgaz

More information

The EU digital libraries initiative: Europeana (and more)

The EU digital libraries initiative: Europeana (and more) The EU digital libraries initiative: Europeana (and more) Javier Hernandez-Ros DG Information Society and Media Digitisation of cultural material Madrid, 12 April 2010 The digital libraries initiative

More information

Articles of Association of Publishers Licensing Society Limited. Company number: 01575236. (Private company limited by guarantee)

Articles of Association of Publishers Licensing Society Limited. Company number: 01575236. (Private company limited by guarantee) Articles of Association of Publishers Licensing Society Limited Company number: 01575236 (Private company limited by guarantee) as adopted by written special resolution passed on 25 th November 2014 Contents

More information

INTRODUCTION TO TRADE MARKS INTRODUCTION TO TRADE MARKS

INTRODUCTION TO TRADE MARKS INTRODUCTION TO TRADE MARKS INTRODUCTION TO TRADE MARKS INTRODUCTION TO TRADE MARKS Trade Marks are the signs used by businesses to distinguish their goods and services from those of each other. It is important to choose trade marks

More information

GOVERNMENT OF THE REPUBLIC OF SLOVENIA CENTRE FOR INFORMATICS ELECTRONIC COMMERCE AND ELECTRONIC SIGNATURE ACT

GOVERNMENT OF THE REPUBLIC OF SLOVENIA CENTRE FOR INFORMATICS ELECTRONIC COMMERCE AND ELECTRONIC SIGNATURE ACT GOVERNMENT OF THE REPUBLIC OF SLOVENIA CENTRE FOR INFORMATICS ELECTRONIC COMMERCE AND ELECTRONIC SIGNATURE ACT LJUBLJANA, JUNE 2000 INTRODUCTION Marin Siliÿ The Act of the electronic commerce and electronic

More information

Definitions. Broker means Veda Advantage Information Systems and Solutions Limited;

Definitions. Broker means Veda Advantage Information Systems and Solutions Limited; Definitions Authorised Purposes means: (a) dealings with interests in land authorised by Law; or (b) a purpose directly related to such dealing provided that the purpose is not contrary to any Law; or

More information

1. Introduction. The laws of any jurisdiction other than England & Wales Taxes or duties Financial investment.

1. Introduction. The laws of any jurisdiction other than England & Wales Taxes or duties Financial investment. 1. Introduction 1.1 This document, together with our Engagement Letter, explains the basis upon which we work for you. These two documents constitute the contract between you and The Law House. In the

More information

This agreement applies to all users of Historica Canada websites and other social media tools ( social media tools or social media channels ).

This agreement applies to all users of Historica Canada websites and other social media tools ( social media tools or social media channels ). Social Media Terms of Use Social media is an integral part of Historica Canada s communications efforts, offering an additional model to engage with participants, colleagues, other stakeholders and the

More information

Statistics Netherlands Act November 2003

Statistics Netherlands Act November 2003 Statistics Netherlands Act November 2003 Bulletin of Acts, Orders and Decrees of the Kingdom of the Netherlands Contents Chapter 1. Definitions Chapter 2. Statistics Netherlands Part 1. Establishment and

More information

DIRECTIVES. DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs

DIRECTIVES. DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs L 111/16 Official Journal of the European Union 5.5.2009 DIRECTIVES DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs (Codified

More information

Online Copyright Infringement. Discussion Paper

Online Copyright Infringement. Discussion Paper Online Copyright Infringement Discussion Paper July 2014 Introduction There are a number of factors that contribute to online copyright infringement in Australia. These factors include the availability

More information

Assessment of the Orphan works issue and Costs for Rights Clearance

Assessment of the Orphan works issue and Costs for Rights Clearance Assessment of the Orphan works issue and Costs for Rights Clearance Anna Vuopala European Commission DG Information Society and Media Unit E4 Access to Information May 2010 2 CONTENTS 1. Executive summary...

More information

THE LAW OF THE AZERBAIJAN REPUBLIC ON DIGITAL ELECTRONIC SIGNATURE

THE LAW OF THE AZERBAIJAN REPUBLIC ON DIGITAL ELECTRONIC SIGNATURE THE LAW OF THE AZERBAIJAN REPUBLIC ON DIGITAL ELECTRONIC SIGNATURE Draft Chapter 1. GENERAL PROVISIONS This Law determines legal conditions and regulates relations associated with the usage of the electronic

More information

Publicity and image rights in Mexico. By Carlos Trujillo

Publicity and image rights in Mexico. By Carlos Trujillo Publicity and image rights in Mexico By Carlos Trujillo In this modern times in which massive media makes the interchange of information so easy, be or not to be public in terms of privacy rights, turns

More information

OFFICIAL GAZETTE OF ROMANIA, PART I, NO 471/26 JUNE 2014 PARLIAMENT OF ROMANIA CHAMBER OF DEPUTIES. Law on Employees Inventions

OFFICIAL GAZETTE OF ROMANIA, PART I, NO 471/26 JUNE 2014 PARLIAMENT OF ROMANIA CHAMBER OF DEPUTIES. Law on Employees Inventions OFFICIAL GAZETTE OF ROMANIA, PART I, NO 471/26 JUNE 2014 PARLIAMENT OF ROMANIA CHAMBER OF DEPUTIES SENATE Law on Employees Inventions The Parliament of Romania has adopted this law. CHAPTER I Field of

More information

LEGAL SCHEME REGULATIONS

LEGAL SCHEME REGULATIONS LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.

More information

Licensor: Deveo Oy Customer: [address line 2] LICENSE NUMBER:

Licensor: Deveo Oy Customer: [address line 2] LICENSE NUMBER: 1/8 DEVEO SOFTWARE LICENSE AGREEMENT COVER PAGE LICENSE CERTIFICATE AND LICENSE NUMBER Licensor: Deveo Oy Customer: [address line 1] [address line 2] Product Deveo on-premises Software version License

More information

Terms and Conditions For Mobile Phone Service. Pre-Paid Type. Between The Service Provider And Subscribers

Terms and Conditions For Mobile Phone Service. Pre-Paid Type. Between The Service Provider And Subscribers Terms and Conditions For Mobile Phone Service Pre-Paid Type Between The Service Provider And Subscribers 1. General 1.1 This Terms and Conditions for Mobile Phone Service ( Terms and Conditions ) is binding

More information

Good Decision-Making Guide Good decisions make good sense

Good Decision-Making Guide Good decisions make good sense Good Decision-Making Guide Good decisions make good sense Introduction Today s community expects that public agencies will operate consistently and fairly and that government at all levels will have systems

More information

(This agreement is in rich text format and appears in a scrolling text box once you ve reached https://orgcert-renewal.equifax.com/orgcerts/...

(This agreement is in rich text format and appears in a scrolling text box once you ve reached https://orgcert-renewal.equifax.com/orgcerts/... (This agreement is in rich text format and appears in a scrolling text box once you ve reached https://orgcert-renewal.equifax.com/orgcerts/...) Equifax Subscriber Agreement This Agreement is between the

More information

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS

World Book. Protection of IP Canada. www.plg.eu.com 1. TRADE-MARKS 1.1 INTRODUCTION 1.2 REGISTERED TRADE-MARKS World Book 1. TRADE-MARKS 1.1 INTRODUCTION The Act relating to trade-marks and unfair competition (commonly known as the Trade-marks Act) governs trade-mark matters in and, as a federal law, receives application

More information

TERMS OF BUSINESS FROM ROYAL LONDON INCORPORATING OUR TRADING NAME SCOTTISH PROVIDENT

TERMS OF BUSINESS FROM ROYAL LONDON INCORPORATING OUR TRADING NAME SCOTTISH PROVIDENT For advisors only TERMS OF BUSINESS FROM ROYAL LONDON INCORPORATING OUR TRADING NAME SCOTTISH PROVIDENT Protection DOING BUSINESS TOGETHER 1. Our terms of business set out the conditions upon which we

More information

STUDENT PRESS LAW CENTER SAMPLE YEARBOOK STAFF MEMBER LICENSE

STUDENT PRESS LAW CENTER SAMPLE YEARBOOK STAFF MEMBER LICENSE STUDENT PRESS LAW CENTER SAMPLE YEARBOOK STAFF MEMBER LICENSE In light of recent developments regarding the electronic republication of yearbooks, the Student Press Law Center created this Yearbook Staff

More information

Independent Arbitration Service for Micro-Business Disputes (RECC) May 2015 Edition

Independent Arbitration Service for Micro-Business Disputes (RECC) May 2015 Edition May 2015 Edition 1. Introduction 1.1 The Renewable Energy Consumer Code (the Code) sets out the standards applicable to the selling or leasing of small-scale heat and power generators, whether from renewable

More information

2015 No. 1415 PUBLIC SECTOR INFORMATION. The Re-use of Public Sector Information Regulations 2015

2015 No. 1415 PUBLIC SECTOR INFORMATION. The Re-use of Public Sector Information Regulations 2015 S T A T U T O R Y I N S T R U M E N T S 2015 No. 1415 PUBLIC SECTOR INFORMATION The Re-use of Public Sector Information Regulations 2015 Made - - - - 24th June 2015 Laid before Parliament 25th June 2015

More information

JRI S STANDARD TERMS OF PURCHASE. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

JRI S STANDARD TERMS OF PURCHASE. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business. JRI S STANDARD TERMS OF PURCHASE 1. INTERPRETATION 1.1 Definitions. In these Conditions, the following definitions apply: Business Day: a day (other than a Saturday, Sunday or public holiday) when banks

More information

MODEL LAW ON MOTOR VEHICLE INSPECTION BY INDEPENDENT CONTRACTORS AND SELF INSPECTORS

MODEL LAW ON MOTOR VEHICLE INSPECTION BY INDEPENDENT CONTRACTORS AND SELF INSPECTORS MODEL LAW ON MOTOR VEHICLE INSPECTION BY INDEPENDENT CONTRACTORS AND SELF INSPECTORS Section 1. Definitions.-- As used in this act, the term: (1) "Contractor" means any person, corporation, or partnership

More information

Implementing Regulations under the Benelux Convention on Intellectual Property (Trademarks and Designs) *

Implementing Regulations under the Benelux Convention on Intellectual Property (Trademarks and Designs) * Implementing Regulations under the Benelux Convention on Intellectual Property (Trademarks and Designs) * The Executive Board of the Benelux Trademark Office and the Executive Board of the Benelux Designs

More information

Domain Name Dispute Resolution Policy for.ae.aedrp

Domain Name Dispute Resolution Policy for.ae.aedrp Domain Name Dispute Resolution Policy for.ae.aedrp AEDA-POL-014a Version 1.0 Issue Date 21/04/2008 The.ae Domain Administration.aeDA PO Box 116688 Dubai, United Arab Emirates (UAE) www.aeda.ae Copyright

More information

Report on the implementation in Poland of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of

Report on the implementation in Poland of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of Report on the implementation in Poland of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights Warsaw, April 2009 2 Introduction

More information

If you are unclear about the implications of Auto Enrolment you will find our Guide to Auto Enrolment a good starting point.

If you are unclear about the implications of Auto Enrolment you will find our Guide to Auto Enrolment a good starting point. The Pay Check Auto Enrolment Service A service designed for Pay Check clients who are looking for a first class pension solution that is simple to administer, cost effective and guarantees full compliance

More information

MUSIC PUBLISHERS ASSOCIATION

MUSIC PUBLISHERS ASSOCIATION MUSIC PUBLISHERS ASSOCIATION Response to the consultation on implementing a domestic orphan works scheme and the EU directive on certain permitted uses of orphan works 28 February 2014 MPA response to

More information