Chương III Nghị định 18/2014/NĐ-CP: Nhuận bút, thù lao đối với tác phẩm báo nói, báo hình

Chapter III

ROYALTIES AND REMUNERATION FOR RADIO AND TELEVISION WORKS

Article 9. Subjects entitled to royalties and remuneration for radio and television works

1. Authors or copyright owners of works used by radio or television agencies.

2. Scriptwriters, directors and musicians (excluding music from documentary tapes), for radio.

3. Scriptwriters, directors, cameramen, film producers, musicians (excluding music from documentary tapes), painters, for television.

4. Remuneration shall be paid to leaders of radio and television agencies, anchors, editors, stage or cinematographic actors and actresses and entertainers of other forms of artistic performance, program directors, music directors, lighting designers, art assistants, directors, sound and special-effect technicians.

Article 10. Royalties for radio and television works

1. The royalty bracket for radio and television works is prescribed below:

2. The value of a royalty coefficient unit is equal to 10% of the minimum wage level

3. The authors or copyright owners prescribed in Clause 1, Article 9 of this Decree are entitled to royalties as prescribed in the royalty bracket.

4. Royalties shall be paid to authors or copyright owners prescribed in Clause 2, Article 9 of this Decree as follows:

a/ For genres 1, 2, 3, 5 and 6 in the royalty bracket, authors or copyright owners are entitled to royalties equal to 20-30% of the royalties for corresponding genres;

b/ For genre 4 in the royalty bracket, authors or copyright owners are entitled to royalties equal to 50-150% of the corresponding genre;

c/ For theatrical works and other forms of art performance, authors or copyright owners are entitled to royalties equal to 50-70% of the royalties prescribed in the law on the regime of royalties for theatrical works and other forms of art performance and royalties for cinematographic and video works.

5. Royalties shall be paid to authors or copyright owners prescribed in Clause 3, Article 9 of this Decree as follows:

a/ For genres 1, 2, 3, 5 and 6 in the royalty bracket, authors or copyright owners are entitled to royalties equal to 50-100% of the royalties for corresponding genres;

b/ For genre 4 in the royalty bracket, authors or copyright owners are entitled to royalties equal to 100-200% of the royalties of the corresponding genre;

c/ For theatrical works and other forms of art performance, cinematographic works, authors or copyright owners are entitled to royalties equal to the corresponding royalties prescribed in the law on the regime of royalties for theatrical works and other forms of art performance and royalties for cinematographic and video works. General directors (directors) of television stations may pay royalties to authors or copyright owners at higher levels, but the total royalties and remuneration must not exceed 20%, for feature films and television theatres, and not exceed 60% for documentary and science films, of the total production costs of these works (excluding television equipment costs).

6. Other provisions

a/ For works broadcast many times, royalties shall be paid as agreed upon under the contracts;

b/ For audio- or -video conferencing events, live radio and television programs and other types nor prescribed in this Decree, depending on their characteristics and size, general directors (or directors) of radio or television stations may decide on royalties and remuneration for their authors or copyright owners and persons involved in implementing these programs.

Article 11. The royalty fund

1. The royalty fund of a radio or television station may be formed from the following sources:

a/ Revenues from press activities;

b/ Revenues from economic activities of the press agency;

c/ Financial assistance from organizations and individuals at home and abroad;

d/ State budget support (if any).

2. For radio and television stations that cannot yet self-finance operation expenses, their managing agencies shall provide funds for them to set up royalty funds which shall be estimated as follows:

Annual royalty fund = Total royalties payable in a year + Additional royalty amounts as creation incentive + Remuneration.

- Total royalties payable in a year = Average royalties per radio or television program x Total radio or television programs in a year.

- Additional royalty amounts as creation incentive must not exceed 30% of total royalties payable in a year.

- Total remuneration must not exceed 70% of total royalties payable in a year.

3. Radio or television stations that can self-finance operation expenses or operate under special financial mechanisms may decide on their royalty funds on the basis of their revenues and expenditures.