Q&A's regarding the Act on the Collective Administration of Copyrights
A new law will be introduced in Sweden on 1 January 2017. The law is based on an EU directive adopted in February 2014 and will enforce changes in Stim's operations and statutes.
The purpose of the new law include:
- Guaranteeing that members are able to contribute satisfactorily to decision making
- Ensure that the compensation collected by the association is managed responsibly
- Members and other rights holders are to be guaranteed unfettered insight into the operations
- Clarify the rights of members and affiliates
1. When does the law come into force?
The Act on the Collective Administration of Copyrights is effective from 1 January 2017. Stim is currently working hard to ensure conformity with the Act, aiming to have as much as possible ready at the turn of the year. However, certain aspects will require additional time to implement, which is permitted under the transitional rules of the ACAC. Consequently changes to Stim's operations will be actualised successively during 2017.
2. How will the Act affect me as an affiliate?
One of the major changes is that you, as an affiliate, will be covered by new general terms and conditions for affiliation. The new general terms and conditions provide clarity on your rights as an affiliate and explain how the management assignment works. Stim's website will also be made more transparent, with more information being added. As a part of this work, Stim will be reviewing its management of complaints in order to simplify the process for affiliates.
3. How will the Act affect me as a member?
The same changes apply for you as a member as for affiliates, although as a member you will also have the opportunity, in the long term, to participate and distance vote, via electronic voting, at Stim's annual general meeting.
4. What do the new terms and conditions entail for affiliation?
Stim is reviewing the affiliation process, both with regard to the new Act and in the light of the fact that Stim aims to offer rights holders a more straightforward affiliation process. The new terms and conditions for affiliation build on the former affiliation contract, but the new terms and conditions also provide clarity on your rights as an affiliate and explain how the management assignment works.
5. Will the new terms and conditions for affiliation also apply to me as a current affiliate and/or member?
Yes, all affiliates and members will be subject to the same terms and conditions for affiliation. As soon as the new terms and conditions have been finalised, they will be communicated to all concerned parties.
6. What does it mean that I can enforce limitations on a management assignment?
The Act entitles affiliates to enforce limitations on a management assignment in place or to assign a management assignment of a smaller scope. Stim already offers the possibility of amending the scope of the management assignment. Contact Stim's Member Service for more information on what you can do and how to do it.
7. What does it mean that a member can participate and vote at meetings "via electronic voting"?
The new Act stipulates that collective administration organisations must, if so request, provide members with the means to participate and distance vote at general meetings ("via electronic voting"). Stim is currently assessing the possible methods of providing members with the means to participate and vote in this manner without compromising security regarding the identification of members and confidentiality to third parties.
8. Stim will adopt new statutes - what are the implications?
Stim has carried out the necessary overhaul of its statutes to ensure that the operations are consistent with the requirements of the new Act on the Collective Administration of Copyrights - as well as in compliance with the stipulations of the revised Economic Associations Act ratified in summer. In doing so, Stim has modernised and simplified the statutes. Before the statutes are adopted by the annual general meeting, Stim is unable to provide a comprehensive overview of how the statutes will be formulated. As soon as the new statutes are adopted by the meeting, they will be communicated to affiliates and members.
9. Have other associations made the same changes as Stim?
While there are similarities between Stim and partner associations in other countries, there are also differences. The implementation of the directive varies in different ways in different countries, and the acts and laws effective in other countries are also differently designed. For this reason, Stim is making the adaptations possible under Stim's model, in order to enable Stim to effectively promote and administer the collective's interests.