ZAPRAF manages and protects phonogram producers’ rights on the basis of power of attorney, whereby phonogram producers entrust ZAPRAF with the management and protection of their rights.
The database user, that is, the rights holder who has given its power of attorney to ZAPRAF, can access ZAPRAF’s database at this link:
ENTRY OF DATA AND REGISTRATION OF A RELEASE
A phonogram (recording) can be registered in the database by entering relevant data into an Excel form, or by entering data directly into the database. The recording can be registered only by the phonogram producer who published it, or holds power of attorney from the original phonogram producer (or licensor). Power-of-attorney providers have access to a database manual containing instructions on entering all the necessary data, which can help them register their recordings and releases. When uploading their registration, all ZAPRAF’s power-of-attorney providers guarantee, under full material and criminal responsibility, that all the data contained in the phonogram registration are correct and true.
Those publishers having power of attorney to represent foreign phonogram producers, and having licences, should submit the relevant exclusive representation agreement or a licensing agreement. The agreement between the principal and the licensor should be certified by a stamp. If a copy of the agreement is submitted, it should be certified by a notary public. The exclusive representation (licensing) agreement must stipulate explicitly the period of time and territory to which the licence refers. Those publishers having a signed exclusive representation agreement or a licensing agreement are obliged to submit a database of releases with lists of recordings and performers (a consolidated catalogue), in either electronic or printed format. The hard-copy form, indicating the total number of recordings and specifying their delivery, must be signed and certified by the licensee; failing this, the registration will not be processed any further.
Individual recordings which have not been made on a physical product (sound carrier) but are sold via the internet should be registered with ZAPRAF, and proof should be submitted of the commercial nature of the phonograms, that is, of their release for sale via the internet (e.g a link to, or screenshot of, the web shop).
SUBMITTING THE REGISTRATION OF RELEASE
(1) Every rights holder who has given power of attorney to ZAPRAF is obliged to register new releases with ZAPRAF in either electronic or printed format. The registration should be accompanied by a sound carrier or a copy of the album cover, or a screenshot of the web page in the case of a digital edition. ZAPRAF’s staff can also request other relevant documents that can prove ownership of the recordings (e.g. contracts).
(2) If the registration is incomplete, that is, if not all the necessary proof has been submitted, the registration will be invalid, and as such it will not be processed or entered into ZAPRAF’s database.
(3) Registrations submitted by 15th March of the current year will be taken into account for the distribution of remuneration for the use of phonogram producers’ rights for the previous year.
(4) The deadline for the delivery of databases of other collective rights management organizations with whom ZAPRAF has signed bilateral agreements is 1st March of the current year for the previous year. If the same phonograms are registered by a foreign organization with whom ZAPRAF has signed a bilateral agreement and by a licensee (licensed representative), remuneration for the use of such phonograms will be paid to the foreign publisher’s licensee, on the basis of the submitted contract and registered repertoire, unless the bilateral agreement stipulates otherwise.
(5) A licensee agreement will have precedence over a bilateral agreement.