Charter
Printed in 2 copies
Copy N 1
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Adopted by the decision of the General Assembly of Armauthor, organization of authors’ rights protection on 18.12.2015
Chairman
_______________________ Signature
E. Erznkyan |
Registered by the central authority of State registry on November 28.2003
Registration number 211.171.02256 Number of State registration certificate 03A062963 Tax code 01538061 Amendment N002-2 of the registered statutes 28.11.2003 is registered by the central authority of State registry of RA legal entities.
Head of State registry
______________________________ Signature
K. Adamyan
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STATUTES
of ARMAUTHOR
Non-governmental collective management organization of Copyright and Related Rights
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(New Editorial)
- 1. General provisions
1.1 Armauthor the non-governmental collective management organization of authors’ rights and related rights /hereinafter “Organization”/is a non-governmental organization of authors, performers and phonogram producers.
The Organization is established to satisfy the spiritual and non material needs of its members and enhance theireconomic rights on collective basis. The Organization is operating in conformance with the RA Constitution, RA legislation, RA international agreements and this Statutes.
1.2 The Organization is operating on the basis of legality, voluntary, legal equality, self governance and publicity.
1.3 The Organization does not pursue any political purpose, does not adhere to any political affiliation.
1.4 The Organization operates in the whole territory of Armenia and abroad in accordance with the legislation of these countries.
1.5 The location of the Organization is Koryun str 19a, 009, Yerevan, Armenia.
1.6 The working languages of the Organization are the Armenian, Russian and English.
The name of the Organization in Armenian is «Հայհեղինակ» հեղինակայինևհարակիցիրավունքներիկոլեկտիվհիմունքներովկառավարողհասարակականկազմակերպություն
- 2. Purpose, objectives and functions
2.1 The Organization administers the rights of its members on the works, performances and phonograms in the manner stipulated by law.
2.2 The Organization represents the legitimate rights of its members in the courts, governmental, non- governmental and public authorities and organizations within the terms of the authorizationreceived from the members.
2.3 The organization signs license agreements with organizations using works, performances and phonograms by coordinating the conditions of use and remuneration in the manner stipulated by law.
In particular: musical works (with/ without lyrics), dramatic works, musical- dramatic works, musical-literary works, stage works, chorographical works for public performance, though broadcasting and rebroadcasting (including cable broadcasting), by communication to the public, reproduction and though other means on collective basis within the terms of authorization received from the members.
2.4 The Organization collects, distributes and pays the royalties within the terms of authorizationreceived by authors, performers and phonogram producers in the manner stipulated by law.
2.5 In case of simultaneous use of protected and non protected objects, when it is not possible to collect for the use of non protected objects, the amount collected is sent to the corresponding foundation created by the Organization in the manner stipulated by law.
2.6 The amount which is not requested by the author or other rightholder during the period of limitation as it is envisaged by the civil code, is used in the interests of copyright and related right holders and the development of the Organization In the manner stipulated by law.
2.7 The Organization registers and accounts its members and their works, performances in used and issues a document on their registration.
2.8 The Organization conducts negotiations and within the terms of its competences concludes contracts /agreements/ regarding the use its members’ works and performances with the RA State authorities, organizations, as well as with foreign organizations and users on the use of their creations and performances.
2.9 The Organization organizes and participates in conferences, seminars, festivals and other events related to the protection of copyright and related rights.
2.10 The Organization publishes reference books, creates a data base on authors and their works, performers and their performances, phonogram producers with their phonograms; systematizes, develops and disseminates information on copyright and related rights’ protection; develops the cooperation with other similar foreign organizations In the manner stipulated by law.
3. Rights of the Organization
3.1 The Organization acquires the status of legal entity upon its registration by the central authority of RA State Registry.
3.2 The Organization has all the rights determined for legal entities:
a) the Organization has property, independent balance, seal, stamp, name, bank accounts in national and foreign currencies.
b) the Organization can acquire economic and non economic rights, be defender or respondent in courts, courts of arbitration.
3.3 The Organization independently decides its organizational structure, objectives, purposes and types of activities.
3.4 In order to realize its purposes and objectives defined in its Statutes and in the manner stipulated by law, the Organization has the right to
a) disseminate information on its activities
b) create means of mass media
c) represent and protect its own and members’ rights and legitimate interests in other organizations, court, State or local authorities.
d) establish representations in other countries in accordance with their legislation.
3.5 The Organization has the right to:
a) enter into contractual relations with governmental and non governmental institutions and enterprises, organizations and individuals.
b) receive or use on other conditions (including gratuitous) buildings, premises, equipments, main assets, transport and other property not forbidden by law.
c) form its financial resources by using loan capitals, as well as take bank credits in Armenia and abroad.
d) alienate, give for rent, exchange and transfer rights in the manner not forbidden by the RA legislation.
e) independentlyplan its activities, establish affiliated companies, and decide the structure, the subdivisions, the management system of the affiliated company.
f) independently implement its activities, send its members and others to business trips to foreign countries; invite people from other countries.
g) create Encouragement fund for the members and the staff of the Organization from its incomes.
h) create a Development fund from its incomes
4. Membership, rights and obligations of members
4.1 Any citizen of Armenia, as well as any foreign citizen, who accepts this Statutes and the objectives determined in it, can become member of the Organization. The members of the Organization are the authors, the performs and the phonogram producers.
Author – any physical person whose result of creative work belongs to literary, artistic and scientific domain.
Performer – singer, musician, dancer, conductor, choir-master and others who sing, recite, read, play or otherwise perform musical, musical-literary (with or without lyrics) works, as well as works of folklore and art.
Phonogram producer - person on initiative or under the responsibility of which the first record of the performance or presentation of phonograms are made.
4.2 In order to become Organization’s member, a written letter must be submitted to the Organization’s Board of Authors by the applicant.
4.3. The decision on granting membership to someone is taken by the Board of Authors.
4.4 The Organization’s member has the right to:
a) elected and be elected in the management body of the Organization
b) submit proposals and applications to the management body of the Organization regarding the improvement of the Organization’s activities
c) receive complete information on Organization’s activities
d) leave freely the Organization
e) honestlycarry out his/her obligations
f) appeal the decisions of the Organization’s management to higher authorities, as well as to the court in the manner stipulated by this Statutes.
4.5 Responsibilities of the members
- pay the membership fee
- carry out all requirements set out by this Statutes
4.6 The Organization’s Board of Authors may apply disciplinary punishment measures to the members breaching the disciplinary rules of the Organization up to exclusion from the Organization’s membership.
5. Management of the Organization
5.1 The highest body of the Organization is the General Assembly which is convoked by the Board of Authors every four years.
5.2 The right to the final solution of any problem related to the Organization’s management and activity is among the competences of the Organization’s General Assembly.
5.3 The extraordinary General Assembly of the Organization is convoked on the demand of Inspection Committee or 1/3 of Organization’s membersnot later than within 14 calendar days. The participants shall be informed about the agenda, place, date and time in the manner envisaged for sequent meetings and within the terms foreseen by this Statutes but not later than 3 days before the meeting.
5.4 The exclusive competences of the Organization’s General Assembly are as follows:
a) approve, make amendments and supplements to the Organization’s Statutes, as well as approve the newly edited Statutes.
b) select the Organization’ chairman, Board of Authors and Inspection Committee, change their composition or stop and recall their competences ahead of time.
c) liquidate and reorganize the Organization
d) approve the reports regarding the Organization’s activities and the use of the assets
5.5 The decisions of defined questions are taken by the 2/3 majority of total number of the Organization’s members.
5.6 The General Assembly can discuss questions and take decisions if more than the half of the total number of the Organization’s members is present to the meeting.
5.7 The chairman, the Board of Authors and the Inspection Committee are elected by the General Assembly for 2 years.
6. Organization’ Board of Authors
6.1 The Board of Authors carries out the management of the Organization;
6.2 The Board of Authors elects the General Director of the Organization, approves the executive body’s structure and the organization’s staff presented by the General Director, and determines the manner of payments of the employees. The General Director is elected for 2 years;
6.3 The Board of Authors organizes and supervises the implementation of the decisions taken by the General Assembly. It is authorized to establish and liquidate branches and representation offices of the Organization.
6.4 The Board of Authors discusses and approves the Organization’s estimate on income and expenses, supervises its implementation.
6.5 The sessions of Board of Authors are convoked not less than twice a year. The Board of Authors is entitled to take decisions if 2/3 of the members are present. The decisions are taken in an open vote by the clear majority of the present votes.
6.6 An extraordinary session can be convoked on the demand of 5 members or the chairman of the Organization’s Board of Authors.
6.7 The Organization’s chairman is the chairman of Board of Authors.
The chairman of the Organization:
a) represents the Organization in governmental and non-governmental organizations in Armenia and abroad.
b) convokes the meetings of theBoard of Authors
c) coordinates the activities of the director of the Board of Authors and the Inspection Committee of the Organization.
d) drafts the minutes of meetings
6.8 The Organization’s General Director ensures the implementation of the Organization’s current activities;
a) represents the Organization without power of attorney
b) recruits and dismisses the staff members of the Organization
c) gives orders and instructions
d) The General Director of the Organization has the right to take decisions on acquiring, possessing, using, managing as well as alienatingthe property and writing it off regardless its size and the type in the manner stipulated by law.
e) concludes contracts and agreements, signs financial documents, issues powers of attorneys
6.9 The Inspection Committee carries out the supervision of the Organization’s financial activities.
6.10 The decisions of the Inspection Committee are taken unanimously.
7. Organization’s resources and the rules of its use
7.1 The Organization’s resources consist by:
- fees
- donations made by RA and foreign legal entities and individuals, work groups, non-governmental organizations and State institutions, foreign, national and international organizations.
- other sources not forbidden by the RA legislation
7.2 The Organization’s resources are used for organizational purposes and the implementation of the objectives set out by this Statutes.
7.3 The maximum portion of organizational expenses in the total yearly expenses is 90%.
8. Reorganization and liquidation of the Organization
8.1 The Organization is reorganized and liquidated on the decision of the General Assembly, by the 2/3 of the votes or in the manner stipulated by the RA legislation.
8.2 In case of liquidation of the Organization, the General Assembly selects a liquidation committee, which will present the final balance of the Organization. After the liquidation the remaining financial resources of the Organization are used for the implementation of the activities set out in this Statutes, if it is impossible, then this financial resources shall be transferred to the State budget/ treasury.