Concepts of collective management copy right

Introduction

Collective rights management through a collecting society first occurred in France in 1777

for the use of dramatic and literary works. The first collecting society and collective rights
management in music was established in 1850 in France.

Collective management is one option within the copyright system that requires or allows

rights holders to administer their rights through a Collective Management Organization
(CMO).

Managing copyright and related rights individually may not always be realistic. An author,
performer or producer, for instance, cannot contact every single radio station to negotiate
licenses and remuneration for the use of their songs. On the other side, it is not practical for a
radio station to seek specific permission from every author, performer and producer for the
use of each song. CMOs facilitate rights clearance in the interest of both parties and
economic reward for rights holders.

Collective rights management is a phenomenon someone who lives in the synchronized

world tend to utilize it By authorizing or mandating professional Collective Management
Organizations (CMOs) to manage their rights, authors, performers, producers and other right
holders can simplify the management of those rights.

Exclusive rights and collective bargaining can provide an alternative solution to collective
management.

 Is the licensing of copyright and related rights by organisations acting on behalf of rights
owners, Collective management organisations, such as collecting societies, typically
represent groups of copyright and related rights owners, such as authors, composers,
publishers, writers, photographers, musicians and performers. At the least, copyright owners
authorize collective rights management organizations to monitor the use of their works,
negotiate licenses with prospective users, collect remuneration for use of copyrighted works,
ensuring a fair distribution of such remuneration amongst copyright owners. Governmental
Supervision varies across jurisdictions, from being limited to antitrust regulation in the
United States to sectorial regulators in jurisdictions like the EU, India.

Public and private organizations and associations that collectively administer copyright and
neighbouring rights on behalf of creators and rights owners operate under a diverse array of
contracts, laws and regulations. At the centre of this regulatory matrix are agreements that
define the organizations’ relationship with the individuals and corporations that are its
members. Prof. Laurence R. Helfer The management of copyrights involves different tasks
like concluding license agreements, collecting license fees, monitoring the use of protected
content, and enforcing rights in case of infringement. These tasks are essential to copyright
holders,6
Collective rights management through collecting societies typically covers the following
exclusive rights granted under copyright law:

 The right to public performance, for example when music is played or performed in
bars or clubs.

 The right to broadcasting, for example when live or recorded performances are
broadcast on radio or television

 The mechanical reproduction rights in recorded music, for example where works are
reproduced in recording formats, such as CDs or cassettes

 The performing rights in dramatical works, for example when a theatre plays a work

 The rights of reprographic reproduction of literary and musical works, for example
where a book or sheet music are copied using a photocopier

 related rights, for example the rights of performers and producers in recorded music
when used in broadcasts

What are CMOs?

Collective Management Organizations (CMOs) are, in most cases, not-for-profit entities;
their legal form can be either private or public. Depending on the repertoire they represent,
they can also be called Music Licensing Companies (MLCs), Mechanical Rights
Organizations (MROs), Performers’ Collective Management Organizations (PMOs) or
Reproduction Rights Organizations (RROs).

copyright laws have been adopted to protect creators and creative works These laws allow
creators to: Control the use of their works Receive an income derived from the use of their
works, Creators get specific rights with respect to their works: Moral rights Economic rights
Only the creator can do the acts protected under the legal rights or authorise others to do
these acts (i.e. give a license to another person).

Various types of collective management approaches exist, including statutory/mandatory

collective management, as well as contractual/voluntary collective management.
Why use a CMO's services?

In advance a CMO (copy right management organizations)

 Monitors when, where and what works are used by whom;

 Negotiates tariffs and other conditions with users;
 Licenses the use of protected works on behalf of its members and of other rights
holders it represents; and
 Collects the fees from users and distributes these to the rights holders Collective
Management of Copyright (wipo.int)

Benefits of collective management of copy right for owners

  Provides a solution where granting individual licenses is impractical or impossible
 Difficulties for individual creators:
 Identifying and contacting potential users
 Negotiating license fees
 Monitoring use
 Taking legal action against unauthorised use
 Collective management offers:
 Reduced administration costs - cheaper than negotiating with every user
 Better negotiating position and greater bargaining power

Other functions: educating users, public awareness campaigns, lobbying and public activities,
social and cultural functions

Benefits of collective management of copy right for users

 Provides a solution where obtaining individual licenses is impractical or impossible

 Broadcasters, online services, operators of commercial establishments where music is
played in public - use a large number of works
 Impossible for these users to contact rights holders and negotiate separate licenses
 Easier and cheaper to obtain a broad license from on entity
 Collective management offers
 One point of contact
 No need to negotiate with many individual rights owners
 Access to wide repertoire, through blanket licensing
 Saves costs of securing individual licenses

Benefits of collective management for the larger society

 Ensures legal access to the works

 Ensures that creators are remunerated for the use of their works
 Makes authors’ rights work in practice
 Fosters national creativity and cultural diversity by promoting local creators and
increasing their bargaining power
 Ensure the future of culture and creativity, and the prosperity of right owners and
commercial users
 Creative industries contribute to the economic wealth and the social well-being of a
nation
 Creative industries revenues represent 3% of the world’s GDP and employ more
people than the car industry of Europe, Japan and the USA combined (29.5 million vs.
25 million) https://www2.slideshare.net/Trinidad and TobagoCreativeIndustries/the-
role-of-collective-management-organizations-and-the-importance-of-good-
governance?from_action=save
The role of collective management copy right in fashion industry