In accordance with the amendments to “The minimal amount of ex gratia payments for mass performance of works of literature and art”, approved under the Cabinet of Ministers’ Order dated 2 May 1997, the cast of audiovisual works will be paid ex gratia for the display of these works via TV broadcast and cable television (including retranslation), the Copyright Agency told APA.
The collection and distribution of ex gratia payments to be given to authors for the display of their audiovisual works will be done by the organization that collectively deals with authors’ rights to property or the Copyrights Agency, which collectively deals with the rights of authors and other right holders in cases prescribed in the law.
Under the decision, all legal entities and individuals—regardless of their subordination and form of property—ensure the mass displaying of audiovisual works in Azerbaijan via live broadcast or cable television (including retranslation), their circulation and distribution (by ways of sale and rent) must pay an ex gratia payment worth 5% of the aggregate budget (including funds from advertising, sponsors, and other sources) meant for the reporting month. This ex gratia will be paid to producers of audio-visual materials (right holders).
The Copyright Agency has informed that the ex gratia payment specified under the decision is in the minimum amount of the ex gratia payment granted for use of the materials and the right holder can conclude an agreement based on a high interest rate or an absolute amount. The amount of the ex gratia payment is usually specified based on the duration of the movies (thus, the ex gratia granted for a 10-minute movie and another for 1-hour movie cannot be the same). Based on this division, 17 percent of the remuneration is paid to the crew, including 6 percent each to scriptwriter and producer, 2 percent each to camera operator and artist and 1 percent to composer. Under the same rule, 18 percent of the ex gratia paied for musical films is paid to the crew, including 6 percent each to scriptwriter and producer, 2 percent each to camera operator, artist and composer.
Moreover, 17 percent of the ex gratia payment maid for animated films is paid to the crew, including 4 percent to scriptwriter, 6 percent to producer, 2 percent to camera operator, 4 percent to artist and 1 percent to composer.
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