The contracting party has to provide yearly information to talent about the modes of exploitation, all revenues generated and remuneration due from worldwide exploitation. This information is to be given on the basis of the information which in the course of an ordinary and standard business practice will usually be available with the contracting party of the creatives. This obligation includes revenues generated by the licensees of the contracting party but only to the extent available to the contracting party. Names and addresses of licensees, however, have to be provided only upon request.
The information given must be relevant, comprehensive, up-to-date and correct so that it allows the beneficiary to evaluate the economic value of the uses made of the work.
No information needs to be given if the reporting would require disproportionate efforts particularly in view of the (limited) revenues derived from the exploitation of the work. More detailed descriptions of what information needs to be given may be contained in collective bargaining agreements or joint remuneration agreements. Note that the exact scope of the transparency obligation and its details will most likely be more specified in the years to come and Cleriti will adjust. Note also that Cleriti does not give legal advice and recommends that you seek independent counsel.
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