Title page
Contents
Foreword 8
About the author 9
Acknowledgments 10
Preface 11
Chapter 1. Raison d'etre, core functions and various models of collective management 14
Introductory remarks 14
Establishing the first authors' societies and the emergence of a fully fledged collective management system 16
Broadening the scope of and diversifying collective management 19
Determining the constituting features of - and the difficulty of defining - CMOs 22
Chapter 2. WIPO activities in the field of collective management 29
Introductory remarks 29
Model statutes for CMOs 30
Intensive analysis of the issues of collective management 31
Publication of a book on Collective Administration of Copyright and Neighboring Rights 32
Proposals for treaty provisions on collective management during the preparation of the WIPO Internet Treaties 33
Seville International Forum on exercise and management of rights in the digital environment 34
Publication of the book on Collective Management of Copyright and Related Rights 35
WIPO's Copyright Management Division: ambitions, projects and growing scope of activities 35
Rich resources for capacity building and training 36
WIPO's Good Practice Toolkit for CMOs 37
Collective management infrastructure solutions 38
Chapter 3. Collective management and the international treaties on copyright and related rights, and the role of governments 41
Introductory remarks 41
General obligations to undertake measures for the application, and to give effect to the provisions, of the treaties on copyright and related rights 42
Suggested "dos" and "don'ts" 43
Mandatory, presumption-based and extended collective management 45
Collective management and the obligation to grant national treatment 45
Chapter 4. Structural issues of collective management: monopoly and competition, mono- and multi-repertoires, cooperation and coalitions 50
Introductory remarks 50
CMOs as natural monopolies 50
Collective management and competition: an overview 52
How may CMOs compete with each other? 53
Applicability of competition rules to the collective management of exclusive rights 54
International copyright norms related to competition aspects of collective management 55
Competition and national laws recognizing CMOs as natural monopolies 57
Conditions to be fulfilled in a natural monopoly situation, the impact of uncontrolled competition and the management of rights in the absence of a natural monopoly 61
Prohibition of concerted practices and collective management 63
One organization or separate organizations to manage different rights? Cooperation and "coalitions" between CMOs 67
Managing the right of performers and producers of phonograms to a single equitable remuneration 70
Chapter 5. Voluntary, presumption-based, extended and mandatory collective management 83
Introductory remarks 83
"Individual exercise" vs. non-collective management of rights? 83
Voluntary collective management 86
Limited scope of exclusive rights for which mandatory collective management may be applied under the international treaties 86
Mandatory collective management of the rights of broadcasting and cable retransmission (with "ancillary services" and "direct injection") 89
Mandatory collective management of "mechanical rights" in musical works 91
Theories about the general applicability of mandatory collective management of exclusive rights 91
Mandatory collective management as a normal way of exercising rights to remuneration 97
Mandatory collective management of rights to remuneration provided for as such in the international treaties 98
Mandatory collective management of rights to remuneration when authors and performers transfer their rights to producers 99
Mandatory collective management of the right to remuneration for private copying 100
Mandatory, extended and voluntary collective management of reprographic reproduction rights 101
Extended (and presumption-based) collective management from the viewpoint of the international treaties 105
National laws on extended collective management before the adoption of the E.U. Digital Single Market Directive 109
Provisions in EU directives on extended collective management adopted before the Digital Single Market Directive 111
Soulier and Doke: regulating the extended collective management of out-of-commerce works 112
General regulation of the requirements of extended collective management 114
Chapter 6. Independent management entities 118
Introductory remarks 118
"Independent management entities", CMOs and "joint management organizations" 119
Contradictions - and unjustified competitive advantages - that emerge when entities other than CMOs carry out the same activities 120
Inclusion of IMEs in the CRM Directive as a kind of afterthought - and the resulting incomprehension 122
Provisions granting IMEs competitive advantage over CMOs 125
Different types of IME and their fields of operation 128
Legal disputes concerning the status and activities of IMEs 129
Blockchain technology used by IMEs - and also by CMOs 133
IMEs as RME "clients" of CISAC 136
Chapter 7. Collective management in countries in transition from a centrally planned economy to a market economy 137
Introductory remarks 137
Shared and different features of the copyright laws of the CEE countries 138
Typical features of the copyright laws of the CEE countries 139
Collective management in the CEE countries in their pre-transition period 142
Transformation of the collective management system in the "transition" period 142
CMOs in a de jure or de facto monopoly position, and specific competition questions in the CEE countries 143
Mandatory and extended collective management in the CEE countries 144
Problems specific to CEE CMOs attempting to enforce the rights they represent 146
Chapter 8. Proper functioning of CMOs - from the perspective of rightholders and partner organizations 148
Introductory remarks 148
Providing information about the CMO and its operations 150
Membership: information adherence and withdrawal 151
Members' rights to fair treatment; their position in the CMO 155
Particular issues concerning the CMO - member relationship 155
Governance 156
Financial administration, distribution of revenue and deductions 158
Relationship between CMOs 160
Processing of members' and users' data, importance of IT infrastructure, and development of staff skills and awareness 161
Complaints and dispute resolution procedures 162
Supervision and monitoring of CMOs 163
Chapter 9. Relationship between CMOs and users 168
Introductory remarks 168
CMO's information to users/licensees 169
Principles and criteria of licensing conditions and tariff setting 172
Negotiations and establishment of tariffs; dispute settlement systems 181
Obligations of users; their status in the application of tariffs 182
Chapter 10. Collective management in the online digital environment 185
Introductory remarks 185
Assessing the impact of online digital technologies on the exercise and collective management of copyright at the 1997 Seville Forum 185
Debating the legal characterization of acts of interactive making available to the public; the "umbrella solution" and its application in Article 8 of the WCT 186
Theories according to which, for an act of making available a work to the public to take place, the making available of the work to the public is not sufficient 189
Impact of legal characterization on collective management of the right of making available to the public 194
Licensing copyright in the online digital environment - from integration to fragmentation and back to partial integration: the European experience 200
Licensing copyright in the online digital environment - from fragmentation to integration: the U.S. experience 208
"The answer to the machine in the machine": CMOs and digital rights management 211
Repertoire databases of musical works for online uses 214
Private international aspects of collective management 217
Chapter 11. Cultural and social aspects of collective management 220
Introductory remarks 220
Dual nature of cultural productions and services: international instruments on the protection and promotion of cultural diversity 220
Basic provisions in E.U. law concerning the protection of cultural diversity 221
Joint application of the basic provisions of the TFEU, the CRM Directive and the UNESCO Convention for the protection of cultural diversity 222
Rejection of the application of the Services Directive to collective management and the protection of cultural diversity 224
Use of remuneration collected for cultural and social purposes 226
Chapter 12. Collective management in developing countries and LDCs 230
Introductory remarks 230
Preferential treatment, access to knowledge and collective management 230
Economic contribution of copyright industries, creativity and collective management 234
Protection and use of expressions of folklore (traditional cultural expressions) and collective management 237
The WIPO Development Agenda and collective management; recommendations with special attention to Africa and LDCs 245
Special aspects of deductions for cultural and social purposes in developing countries 247
Benefits of regional cooperation - facilitated by online digital technologies 247