S.L. 415.8 Art. 18Transparency obligation. S.L. 415. 01. Contract adjustment mechanism. S.L. 415. 01. Alternative dispute resolution procedure. Cap. 387. Cap. 474.

(1) Authors and performers are to receive on a regular basis, at least once a year, and taking into account the specificities of each sector, up to date, relevant and comprehensive information on the exploitation of their works and performances from the parties to whom they have licensed or transferred their rights, or their successors in title, in particular as regards modes of exploitation, all revenues generated and remuneration due:

Provided that where these rights have been sub-licensed, authors or performers, or their mandated representatives, shall at their request receive additional information from the respective sub-licensees, in the event that the original licensee does not hold all the information that would be necessary for the purposes of the above sub-regulation. Where that additional information is requested, the first counterpart of authors and performers shall provide information on the identity of those sub-licensees.

(2) The obligation set out in sub-regulation (1) shall be proportionate and effective in ensuring a high level of transparency in every sector:

Provided that the parties or their successors in title to whom the rights were licensed or transferred may make claims substantiated by representations to the Board indicating:

(a) duly justified cases where the administrative burden resulting from the obligation set out in sub-regulation

(1) would become disproportionate in the light of the revenues generated by the exploitation for the work or performance;

(b) that obligation be limited to the types and level of information that can reasonably be expected in such cases:

Provided further that the Board may refuse such claims.

(3) The transparency obligations set out in this regulation shall not apply in respect of agreements concluded by collective management organisations which are regulated in terms of the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright Regulations.

19.

(1) In the absence of an applicable collective bargaining agreement providing for a mechanism to claim additional appropriate and fair remuneration, authors or performers or their mandated representatives shall be entitled to claim such additional, appropriate and fair remuneration from the party with whom they have entered into a contract for the exploitation of their rights, or from their successors in title as the case may be:

Provided that such a claim can only be made when the remuneration originally agreed upon turns out to be disproportionately low compared to all the subsequent relevant revenues derived from the exploitation of those works, performances or other subject-matter:

Provided further that when assessing whether such remuneration is disproportionately low, account should be taken of:

(a) all revenues relevant to the case in question, including, where applicable, merchandising revenues,

(b) the specific circumstances of each case, the contribution of each author or performer and the specificities and remuneration practices in the different content sectors.

(2) In the absence of agreement on the additional remuneration payable under this sub-article, the amount of such additional remuneration shall be determined by the Board.

(3) Sub-regulations (1) and (2) shall not apply with respect to agreements concluded by collective management organisations which are regulated in terms of the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright

Regulations.

20. In any disputes concerning the transparency obligation provided in Regulation 18 or concerning the contract adjustment mechanism provided in regulation 19, authors or performers or their mandated representatives may submit such dispute for resolution before the Malta Arbitration Centre or the Malta Mediation Centre in accordance with procedure and formalities of the Malta Arbitration

Act and the Malta Mediation Act respectively:

Provided that representative organisations of authors and performers may initiate such procedures at the specific request of one of more authors or performers.

Provided further that this shall be without prejudice to an DIGITAL SINGLE MARKET

author’s or performer’s right of recourse before the Civil Court, First Hall.