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Lita, Society of Authors

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LITA, Society of Authors, Mozartova 9, 811 02 Bratislava, represented by Magdaléna Debnárová, Director (“LITA”)
Ms/ Mr ...

Address: ...

Identification Number: ...

Banking details: ...

Phone: ... Fax: ... E-mail: ...

As a heir of the author: ... (“the heir”), who was a holder of authors’ rights to works that he has created as an author or co-author (“the author”)

Pseudonym: ... Can/cannot be made public

Area of creation (please, mark in the footnote all respective categories including subcategories)1

conclude, in accordance with the Fifth Part (Collective Administration of Rights) of the Act No. 618/2003 Copyright Act and Section 51 of the Civil Code this

on representation of the authors’ rights
Article I.: Object of the contract and scope of representation

  1. LITA is exclusively and without any territorial limitation mandated by the heir to represent him/her in exercise of his/hers authors’ economic rights to the works and their copies created by the author, as a whole or in part, mainly by their use by means of:

    1. public performance;

    2. communication to the public; this use includes broadcasting, cable retransmission and making available;

    3. rental and lending, as well as sale or any other act of transfer of ownership to the copies of the work;

    4. public display;

    5. making of copies and their further public use;

    6. making of audio, visual and audiovisual recordings of works for private use by transfer of their content onto blank carriers of such recordings;

    7. making of copies by means of reprographic or other technical devices.

  1. The subject of the representation is:

      • granting of authorization for use of works to the extent of par 1. a), b), c), d) and e);

      • negotiating of terms of use of a work, including the remuneration in accordance with the Tariffs of LITA;

      • concluding of licensing agreements with the users or associations of users;

      • collection and claim of remuneration for use of work to the extent mentioned in par 1., of remuneration upon resale of the original work of visual art, of compensation of remuneration, of indemnification and of unjust enrichment by settling a dispute outside the court;

      • exercise of all necessary acts requisite for effective protection of the authors’ rights, including claim of remuneration for use to the extent mentioned in par 1., of remuneration upon resale of the original work of visual art, of compensation of the remuneration and of unjust enrichment by referring the matter to the court of law;

      • payment of collected royalties, remuneration and incomes from unjust enrichment.

Article II.: Rights and obligations of LITA

  1. LITA is obliged to represent the heir in LITA’s name and on his/her account to the extent defined by this contract. For this purpose and in accordance with the legal regulations of the Slovak republic LITA concludes licensing agreements with users or associations of users, as well as contracts on reciprocal representation with foreign authors’ societies. In order to provide purposeful and efficient collection of remuneration and compensation of remuneration LITA is allowed to conclude contracts on joint exercise of authors’ rights with collective management organizations in the Slovak Republic.

  1. LITA is obliged to pay to the heir remuneration, compensation of remuneration and incomes from unjust enrichment in accordance with the Distribution Rules of LITA under the conditions and within the terms therein included.

  1. LITA is obliged to protect the heir’s rights to the extent of this contract and shall endeavour to ensure heir’s interests to the maximum possible extent.

  1. Personal data mentioned in this contract or data that LITA requires from the heir for the effective exercise of his/her rights are comprised in the information system registered at the Statistical Office of the Slovak Republic in accordance with the provision of Sec. 22(1) of the Act No. 52/1998, and are protected against infringement. Personal data are further treated in such a way that they could be, in accordance with legal regulations and to the inevitable extent, provided to users of works in connection with concluding of licensing agreements and effective claim of the economic rights of authors.

  1. In order to cover its expenses connected with the protection of authors’ rights, LITA is entitled to deduct from all sums collected for the heir from radio and television broadcasting and from the making of copies of works of visual arts and their public distribution by means of sale or any other act of transfer of ownership, the commission of 10 %. Commission in other cases of use of works depends on really spent expenses and its amount is approved by the Board of LITA.

Article III.: Rights and obligations of author

  1. The heir has the right to effective protection of his/her rights to the extent of this contract, in particular to payment of remuneration and compensation of remuneration in accordance with the Distribution Rules of LITA.

  1. The heir declares that he/she has received the Distribution Rules of LITA, he/she familiarised himself/herself with them, agrees with the wording and will follow them.

  1. The heir shall provide LITA with all information and shall fulfil all formalities connected with effective protection of his/her rights, in particular

      • shall announce every change of the data given in the heading of this contract;

      • on request shall submit all contracts and agreements that have influence on the claim of his/her rights.

  1. The heir proclaims that there is no agreement that would interfere with this contract concluded between him/her and a third party. At the same time, as long as this contract is in force the heir shall not enter, without LITA’s consent, into any contract with a third party, that would be in contradiction to this contract. In particular he/she shall not conclude with a third party any contract on use of a work, neither shall he/she agree on remuneration with a third party, nor shall he/she conclude with any third party any contract by which the said third party would be mandated to exercise his/her rights, except for the cases that he/she will in advance announce LITA in writing.

  1. The heir has the right to submit by registered letter a complaint against the statement of account of his/her remuneration and compensation of remuneration in terms defined in the Distribution Rules. Consequently, the heir also has the right to inspect the original documents with the purpose of verifying accuracy of his/her statement of account.

Article IV.: Transitional and Final Provisions

  1. This contract is valid and enters into force at the date when signed and is concluded for an unrestricted time.

  1. Once this contract enters into force, all previous contracts on representation between the contractual parties are automatically terminated.

  1. The contractual parties may cancel this contract by registered letter three months before the end of a calendar year, with the effect from 1 January of the following year.

In Bratislava, on ... In ... , on ...

Magdaléna Debnárová

Director Heir

1  literary works including translations

 dramatic works ( literary part,  musical part)

 music-dramatic works ( literary part,  musical part)

 choreographic works

 audiovisual works ( director,  literary part,  director of photography)

 foreign audiovisual works ( direction of Slovak version,  translation of dialogues,  adaptation of dialogues)

 works of visual arts ( painting,  sculpture,  photography,  caricature,  graphic design including web design,

 stage and costume design,  architecture,  applied arts)

 others (please name) ...

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