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Contract version: v2023-02
Contract No.: ZoZ-00000000

Rightsholder Representation Agreement
concluded pursuant to the provisions of § 164 act No. 185/2015 Coll. Copyright Act
(hereinafter referred to as “Copyright Act”)
(hereinafter referred to as “Agreement”)

by and between

LITA, Society of Authors
civic association registered at the Ministry of Interior of the Slovak Republic under No. VVS/1-900/90-7923
address: Mozartova 9, 811 02 Bratislava
Business ID: 00420166
Tax ID: 2020848027
VAT ID: SK2020848027
bank: VÚB, a.s.
BIC: SUBASKBX
bank account number: SK17 0200 0000 0000 0103 2012
represented by: Mgr. Jana Vozárová, director
contact e-mail: lita@lita.sk
(hereinafter referred to as„LITA“)
and
title before name:
title after name:
first name:
middle name:
last name:
maiden name:
pseudonym 1:
pseudonym 2:
pseudonym 3:
permanent address:
address:
city:
zip code:
For Slovakia, enter the zip code in numeric format without spaces, e.g. 12345. For other countries, use the local format.
state:
contact address:
address:
city:
zip code:
For Slovakia, enter the zip code in numeric format without spaces, e.g. 12345. For other countries, use the local format.
state:
date of birth:
place of birth:
Business ID:
nationality:
Tax ID:
*gender:
VAT ID:
bank name:
IBAN:
bank address:
SWIFT/BIC:
*Tax residency:
 
(country in which the taxpayer pays taxes)
We ask you to send your tax residency to LITA if you have tax domicile other than Slovakia (the document is issued by the tax office on request).
*Rewards I ask :
(Applies only to authors who have taxable income in Slovakia, must sign an agreement on non-taxable income below)
phone No.:
e-mail:
Web:
*I want to have my royalties sent to:
(hereinafter referred to as “Author”)
Creation classes:

„Please, mark at least one role within this creation class.“


„Please, mark at least one role within this creation class.“


„Please, mark at least one role within this creation class.“


„Please, mark at least one role within this creation class.“


„Please, mark at least one role within this creation class.“



„Please, mark at least one role within this creation class.“


„Please, mark at least one role within this creation class.“


„Please, mark at least one role within this creation class.“


„Please, mark at least one role within this creation class.“

Article I
Subject-Matter of the Agreement

The subject-matter of this Agreement is to determine reciprocal relations between LITA and the Author/Rightsholder relating to their representation by LITA. LITA shall represent the Author/Rightsholder in the exercise of property rights of the author within the scope hereunder.

Article II
Scope of Representation

1. The Author/Rightsholder authorises LITA to administer and exercise all property rights of the author that belong to them at the moment of conclusion hereof or shall arise to them in the future, relating to all the Author’s works, including those that they will create in the future. The Author/Rightsholder authorises LITA to administer and exercise their property rights of the author and to grant consent for the use of works in its name and on behalf of the Author/Rightsholder, for the following types of use in particular:
  1. a)alteration of work,
  2. b)merging of work with another work,
  3. c)including the work into database pursuant to § 131 of the Copyright Act,
  4. d)making a copy of work,
  5. e)public distribution of original or copy of work by means of
    1. 1.transfer of title,
    2. 2.lending,
    3. 3.rental,
  6. f)disclosure of the work to the public by means of
    1. 1.public exhibition of original or copy of work,
    2. 2.public performance of work by means of
      1. 2.1live performance of work,
      2. 2.2technical performance of work,
    3. 3.communication of work to public by means of
      1. 3.1broadcasting,
      2. 3.2retransmission,
      3. 3.3direct injection,
      4. 3.4making work available to public or;
      5. 3.5other form of communication to the public;;
  7. g)collecting remuneration for making a private copy of protected work pursuant to § 42 of the Copyright Act,
  8. h)collecting remuneration for making a copy of protected work by means of reprographic device pursuant to § 43 of the Copyright Act,
  9. i)collecting royalties upon resale of original works of visual art;
and2:
,
  1. 1.
  2. 2.
  3. 3.
2. LITA’s mandate according to Art. II (1) hereof mainly includes:
  1. -concluding of licence agreements, mass licence agreements, extended mass licence agreements, collective licence agreements (hereinafter jointly referred to as “Licence Agreements”), additional remuneration and additional settlement agreements, equitable remuneration agreements and remuneration agreements,
  2. -collection and administration of royalties, additional remuneration, additional settlement, remuneration, equitable remuneration and revenue from unjust enrichment and damages and their distribution among authors/rightsholders,
  3. -performing of necessary acts in favour of authors/rightsholders in copyright-related matters within alternative dispute resolution proceedings,
  4. -performing of necessary acts in favour of authors/rightsholders in extrajudicial proceedings in cases of infringement of author’s/rightsholder’s rights and concluding of settlement agreements,
  5. -filing of authors’/rightsholders’ claims in court in cases of breach of terms of Licence Agreements concluded by LITA or other cases determined in accordance with the mass approach principle, collective approach principle, principle of efficiency, principle of effectivity and purpose-orientation principle of collective management or in other serious exceptional circumstances, in accordance with the Copyright Act, and by procedure approved by the Board of LITA,
  6. -negotiating and concluding of representation agreements with third persons; this includes third persons’ authorisation to act as another representative within the scope of representation determined hereunder.
3. The Author/Rightsholder shall retain the right to individually grant licences for non-commercial purposes. If the Author/Rightsholder uses this right of theirs, they are obliged to notify LITA thereof without undue delay, in writing or by e-mail to the address lita@lita.sk. Such notification must contain at least an identification of the work, extent of the granted licence, exclusive/non-exclusive nature of the licence and identification of the user. If damage is incurred to LITA as a result of failing to fulfil this obligation, LITA is entitled to claim compensation for such incurred damage with the Author/Rightsholder.
4. If the Author/Rightsholder opts out of collective management of their property rights of the author in writing pursuant to § 164 art. 5 of the Copyright Act, this exclusion of collective management enters into effect as of the end of the calendar year during which LITA received the written notification about the exclusion of collective management.

Article III
Author’s/Rightsholder’s Declaration

1. The Author/Rightsholder declares that there is no agreement concluded between them and a third person contradicting this Agreement. The Author/Rightsholder undertakes during the period of validity and effectiveness hereof not to conclude an agreement with a third person contradicting this Agreement or its purpose, in particular not to conclude any agreement authorising a third person to exercise property rights of the author as specified in Art. II hereof.
2. The Author/Rightsholder declares that they are the holder of the property rights of the author that they authorise LITA to exercise, that they belong to them without limitation and that by concluding this Agreement they do not violate third persons’ rights with the exception of case when they explicitly notify LITA about the existence of such rights in writing.
3. If any of the declarations pursuant to Art. III (1) and (2) turn out to be untrue or incorrect, the Author/Rightsholder shall bear responsibility for the damage incurred to LITA as a result of untrue or incorrect nature of such declaration.

Article IV
Rights and Responsibilities of the Contracting Parties

1. LITA exercises collective management of property rights of the author related to works in the scope of the Authorisation and is obliged to exercise its activity with due expert care.
2. LITA undertakes to exercise rights to which it is authorised by this Agreement in the interest and in favour of the Author/Rightsholder, taking into account the interests of all represented authors/rightsholders and under the same non-discriminatory conditions.
3. Repartition of royalties, remuneration, equitable remuneration, revenue from unjust enrichment and damages (hereinafter referred to as “Remuneration”) within collective rights management and their distribution is governed by the provisions of LITA Distribution Rules which are available on LITA’s website and in accordance with the conditions and terms stated therein.
4. LITA is entitled to a reimbursement of reasonably incurred costs for the exercise of activities laid out in this Agreement.
5. Other rights and responsibilities of LITA and the Author/Rightsholder are stipulated in the Terms and Conditions of Representation (hereinafter referred to as “Terms and Conditions” or “T&C”) which form an integral part of this Agreement.

Article V
Personal Data Protection

1. By signing of this Agreement, the Author/Rightsholder (as "person concerned") declares that LITA provided them with the information under the provision of Art. 13 of the Regulation No. 2016/679 of the European Parliament and the Council (EU) of April 27, 2016 and the Act No. 18/2018 Coll. on Personal Data Protection. Information under the previous sentence is available to the person concerned at www.lita.sk in “Personal Data” sub-section.
2. Person concerned provides data to be processed within LITA’s information systems in relation to management of rights of the author, based on an agreement concluded pursuant to the Copyright Act.

Article VI
Passing of Rights and Responsibilities

1. This Agreement is concluded for the duration of property rights of the author. Rights and responsibilities under this Agreement shall pass to legal successors of the Contracting Parties.
2. In case of death of the Author/Rightsholder or upon dissolution of the Rightsholder, their legal successors shall continue the contractual relation, unless death of the Author/Rightsholder or dissolution of the Rightsholder is associated by law with loss of right to exercise property rights of the author or unless the relevant licence agreement, through which exclusive licence is granted, excludes passing of exercise of property rights of the author to a legal successor of a person acquiring exclusive licence.
3. LITA shall not be required to distribute Remuneration to rightsholders until the proof of hereditary entitlements. Until then, collected Remuneration shall be held in favour of rightsholders in LITA’s bank account. The Rightsholder is obliged to prove to LITA the passing of rights and also the proportion in copyright acquired through a certificate of inheritance or other certified deed establishing the entitlement to the exercise of property rights of the author.

Article VII
Final Provisions

1. The Contracting Parties may terminate this Agreement, also without giving any reason, always as of 31 December of the calendar year and exclusively by means of registered letter delivered to the other Contracting Party no later than 30 September of the respective calendar year. In case the notice of termination is delivered after 30 September of the respective calendar year, this Agreement shall expire as of 31 December of the following calendar year.
2. Unless this Agreement provides expressly otherwise, relations of the Contracting Parties shall be governed by the provisions of the Copyright Act and the Act No. 40/1964 Coll. of the Civil Code, as amended. You may find general advice on rightsholders' rights in relation to collective management organization on LITA's website.
3. If any provision under this Agreement is deemed invalid, illegal or unenforceable following the Copyright Act amendment of other legislative changes, such invalidity, illegality or unenforceability shall not impact the other provisions of the Agreement whatsoever. In such case, the Contracting Parties shall make all efforts necessary in order to replace such invalid, illegal or unenforceable provisions of the Agreement by a valid, legal or enforceable provision with the same or similar purpose as the provision being replaced.
4. Any changes hereto are subject to mutual agreement of the Contracting Parties and they are valid and in effect only in the form of written amendments to this Agreement.
5. LITA is authorised to change the content of the Terms and Conditions. LITA shall inform the Author/Rightsholder about such change at least 60 days before these changes enter into effect via notice of changes sent to the Author’s/Rightsholder’s e-mail address and publication of the changes and the new wording of the T&C on LITA’s website. In case of changes of the T&C, the Author/Rightsholder is entitled to terminate this Agreement as of the day when the changes of the T&C enter into effect via written letter delivered to LITA’s address on the day preceding the day when the T&C enter into effect at the latest. When this period is exceeded, the new wording of the T&C becomes a part of this Agreement.
6. This Agreement shall come into force and effect upon signature of both Contracting Parties.
7. Upon the entry into effect of this Agreement, all prior representation agreements in exercise of collective management of rights concluded between the Contracting Parties shall be expired.
8. The Contracting Parties hereby declare that individual provisions of this Agreement are adequately understandable and clear to them, their contractual freedom is not limited, they have read and explained to each other the content of this Agreement and as a manifestation of their acceptance hereof they have signed this Agreement in manuscript and freely, seriously, certainly, not in distress and not in notably unfavourable conditions.
In Bratislava,
on




signature
LITA, Society of Authors
Mgr. Jana Vozárová
director 		In ,
on 21.11.2024




signature
Author/Rightsholder
Review © 2024

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