Who can register to become a member of LSG?
1. What prerequisites does a performer have to meet in order to be able to register as a member of LSG?
• Basically any performer can be registered as long as he/she does not possess a mandate which includes the territory of Austria at another collecting society.
2. What prerequisites does a performer have to meet in order to be entitled to remuneration in Austria?
• All nationals of EU or EEA states as well as persons who can prove they have their permanent residence in a EU or EEA state.
• In case a performer does not meet these criteria, there still is the possibility for recordings the performer has a part in to be protected in Austria.
That would be the case if the original producer of the recording had its company headquarters in a state that is/was a member of the treaty of ROME at the time the recording took place. In case the original producer of the recording is not a legal but a natural person,that person’s nationality is decisive when it comes to determining whether the recording is protected in Austria or not. Proof of whether or not a recording is protected in Austria has to be provided by the performer through the ‘Confirmation of First Fixation’.
For further information see point ‘Confirmation of First Fixation’.
How do I register someone as a member of LSG?
1. Steps towards registration:
All registration documents have to be filled in truthfully and can only be submitted to LSG via mail. The following are required:
• The German version of the deed of assignment has to be filled in twice and signed by the performer personally. Please note that the signature has to match the signature on the ID (see point 4).
All pseudonyms as well as groups the performer is part of have to be listed on the deed of assignment.
• The ‘Power of Attorney’ which gives the agent the right to represent the performer in Austria also has to be signed by the performer. In case the performer grants the agent the right to sign documents for them in the ‘Power of Attorney’, agency staff may sign the
deed of assignment in the performer’s stead. Please make sure that the signature matches the signature on the ID (see next point).
• A legible copy of an official photo ID. Please note that the performer’s signature has to be present due to the fact that a comparison of signatures is necessary to make sure the signature on the deed of assignment/Power of Attorney is actually the performer’s own.
In order to ascertain the performer’s nationality without doubt a photocopy of the passport would be the preferred form of ID.
• The performer’s entire discography which can only be accepted if the ‘Spreadsheet of Discographies’ is filled in correctly and completely.
When all documents have been provided correctly and all admission criteria are met (see point ‘Who can register to become a member of LSG?’), you will receive a deed of assignment signed by our management as well as payment instruction for a one-time registration fee of € 50.-. For performers aged 19 years or younger a reduced registration fee of € 10.- is applicable.
Please transfer the amount to the account listed on the payment instruction.
Please note that the performer is only entitled to remuneration after the registration fee was transferred.
When a performer is registered as a member he is entitled to remuneration for the running year as well as retroactively for the three past years.
If a performer is not resident in Austria, the withholding tax (20%) is deduced from the payout amount.
The performer however has the option to make a request for reimbursement with the tax office Bruck/Eisenstadt/Oberwart. This can be done retroactively for 5 years.
Confirmation of First Fixation
The Confirmation of First Fixation and the additional paragraph in the Deed of Assignment for Non-EEA citizens, which were resolved by the LSG board, were approved by the Austrian Supervisory Authority For Collecting Societies. You may find it below.
Most important aspects about the Confirmation of First Fixation:
The Confirmation of First Fixation offers Non-EU and Non-EEA citizens the possibility to qualify for remuneration for broadcasting and communication to the public in Austria.
An artist is entitled for this remuneration for a track, if the original producer of this track, meaning the person who, or the legal entity which, first fixed the sound of the performance, is/was a national of, respectively has/had its corporate seat in a member state of the Rome Convention, at the time of the first fixation.
Please note, that only tracks, which fulfil this criterion, are qualified, not automatically the whole repertoire of an artist.
The Confirmation of First Fixation is exclusively valid, if the original producer approves the accuracy of the information with his signature.
Your agency/society assumes liability for the accuracy of all information.
Please be aware that LSG can only process Confirmation of First Fixation forms with no columns left vacant and all information given, thus we kindly request you to make sure all columns of the file have been filled in.
If a track (identifiable by the ISRC) has been released on different albums (with different catalogue numbers) it is necessary to declare all catalogue numbers, on which this track (only with the same ISRC) has ever been released.
For further information, please contact Carina Elter