Collective Management Of Copyright And Related Rights

In this book the rationale and functions of collective management and other systems of joint exercise of rights are presented.

In the course of the last two decades, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. However, they have also been at the centre of debates about their efficiency, their transparency and their governance. This book, an extensively revised and updated edition of the major work on the legal status of CMOs, offers an in-depth analysis of the various operating CMO models, their rights and obligations vis-à-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2010 edition. New chapters on Africa, China, Central Europe and New Zealand (together with Australia, which is no longer discussed in the separate chapter on Canada) have been added. Factors considered include the following: • role of 'families' such as the International Confederation of Societies of Authors and Composers (CISAC) and the International Federation of Reproduction Rights Organizations (IFRRO); • cases where the unavailability of adequating options makes authorized use difficult or impossible taking transaction costs into account; • growing importance of extended repertoire systems (also known as extended collective licensing); • relationship among collective management, rights to remuneration, and the ways in which CMOs acquire authority to license; • transnational licensing and the possible role of multi-territorial licensing; and • threat of monopolies or regional oligopolies for the management of online music rights. Legal underpinnings covered in the course of the analysis include the 1996 WIPO Copyright Treaties, the US Digital Millennium Copyright Act, the Napster case, the Santiago Agreement, relevant EU Papers and the 2014 Copyright Directive, and work done by the UN Committee on Economic, Social and Cultural Rights. Part I presents a number of horizontal issues that affect collective management in almost every country. Part II is divided on a geographical basis, focusing on systems representative of the principal models applied in various countries and regions. Each country specific or region-specific chapter provides a historical overview and a presentation of existing CMOs and their activities, gives financial information where available, describes how CMOs are supervised or controlled by legislation, and offers thoughts about the challenges facing CMOs in the country or region concerned. Many of these national and regional commentaries are the only such information sources available in English. Whatever the future of copyright holds, it is clear that users will continue to want access and the ability to reuse material lawfully, and authors and other rights holders will want to ensure that they can put some reasonable limits on those uses, including an ability to monetize commercially relevant uses. CMOs are sure to be critical intermediaries in this process. The second edition of this important resource, with its key insights into the changing nature of collective management, will be of immeasurable value to all concerned with shaping policy towards collective management or working with the ever more complex legal issues arising in digital age copyright matters.

This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.

WIPO commissioned this publication - with the support of the Norwegian Copyright Development Association (Norcode) - to be used as reference material in various training activities on collective management.

An introduction to the economic theory surrounding collective management of copyright

Authors, individual and corporate, are routinely compensated For The use by others of copyrighted material. Yet relatively little attention is paid To The vast and complex system of collective management that underlies these payments capital flows that amount to ten billion euros each year. This book the first detailed analysis of the subject available in English provides an in-depth perspective on collective management of copyright and related rights And The legal framework within which this management operates. Among the salient aspects of the presentation are the following: description of the organizations that provide collective management services; suggestions how collective management can be made more efficient in the Internet age the effect of WIPO Copyright Treaties And The TRIPS Agreement; the emerging intersection of copyright management and human rights; recent developments at the European Union level; and particular analysis of the situation in various countries, including France, Germany, The UK and Ireland, The Nordic countries, Australia, Canada, and Japan, As well as general discussions relating to Asia and Latin America. With its detailed emphasis on how collective management operates in different cultural, legal and economic environments and its many insights about the future of collective management, this book is indispensable for copyright lawyers, scholars, researchers, policy makers and decision makers working with or within collective management organizations, including authors, performers, rights holders, and users of copyright material. The book was edited by Prof. Daniel Gervais of the University of Ottawa, a renowned expert and author in the field of international copyright and collective management. Dr. Gervais was successively Legal Officer at the GATT/WTO, Head of Section at the World Intellectual Property Organization (WIPO), Assistant Secretary General of the International Confederation of Societies of Authors and Composers (CISAC) and Vice-President of Copyright Clearance Center, Inc. (CCC). Dr. Gervais also authored the introductory chapter. Other contributors include (in alphabetical order): Mario Bouchard, General Counsel of the Copyright Board of Canada; Dr. Mihály Ficsor, former Assistant Director General of WIPO and author of the WIPO Guide to Collective Administration of Copyright and Related Rights; Prof. Lucie Guibault (University of Amsterdam); Prof. Lawrence Helfer (Vanderbilt University); Tarja Koskinen-Olsson, who served as Chair of the International Federation of Reproduction Rights Organizations (IFRRO) from 1993 to 1999 and is now Honorary President of IFRRO; Prof. Glynn Lunney (Tulane University); Prof. Okumura (Kyoto University); Karina Correa Pereira, LL.M. (Brazil); Nathalie Piaskowski, LL.M. (France); Dr. Jörg Reinbothe, former Head of Unit responsible for intellectual property at the European Commission; Mr. Ang Kwee Tiang (CISAC Director for Asia/Pacific); and Prof. Paul Torremans (University of Leeds and University of Ghent).