Country of Destination Principle | Recommendations
Application of the CoD principle concerning the tariff applied within the framework of the contract for reciprocal representation - 2006
“It has appeared in recent years that some record producers have been setting up some form of presence in another country without however, in fact, operating there in order to unduly benefit from a more advantageous licensing scheme than the one which would apply to the territory where their sound carriers are intended to be marketed.
Such behaviour which consists in creating an artificial link with a country while effectively marketing sound carriers only in other countries is highly detrimental to right holders.
Therefore, in order to protect right holders’ interests, the BIEM Management Committee recommends that the terms and conditions applied within the framework of the contract for reciprocal representation be that of the country where the sound carriers are effectively marketed.”
Recommendation on the application of the Country of Destination Principle to carriers not covered by the Standard Contract - 2008
The follow-up in the implementation of the BIEM recommendation has outlined some difficulties in the enforcement of the above amendment. In order to solve these difficulties which particularly concerned carriers non covered by the Standard Contract (or the relevant local agreement in so far as such agreement implements this) or AP1/AP2 agreements, the following recommendation aiming to introduce some operational modalities between the societies was approved by the General Assembly held in Rome on 5 June 2008.
Link to the latest versions of the Reciprocal Representation Contract