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. 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. [ CITATION
Pro14 \l 2057 ]
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 [ CITATION wor13 \l 2057 ]
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) [CITATION tri18 \l 2057 ]
Using works protected by copy right

Definition:-

Copyright protection exists from the moment a work is created in a fixed, tangible form of
expression. The copyright immediately becomes the property of the author who created the
work. Only the author, or those originating their rights through the author, can rightfully
claim copyright.[ CITATION har12 \l 2057 ]

The First Sale Doctrine

The physical ownership of an item such as a book, painting, manuscript or CD is not the
same as owning the copyright to the work embodied in that item.

Under the (Section 109 of the Copyright Act), ownership of a physical copy of a copyright-
protected work permits lending, reselling, disposing, etc., of the item. However, it does not
permit reproducing the material, publicly displaying or performing it, or engaging in any of
the acts reserved for the copyright holder.

Why? Because the transfer of the physical copy does not transfer the copyright holder's rights
to the work

Even including an attribution on a copied work (for example, putting the author's name on it)
does not eliminate the need to obtain the copyright holder's consent. To use copyrighted
materials lawfully, you must secure permission from the applicable copyright holders or a
copyright licensing agent.

Duration of Copyright
The term of copyright protection depends upon the date of creation. A work created on or
after January 1, 1978, is ordinarily protected by copyright from the moment of its creation
until 70 years after the author's death.

For works made for hire, anonymous works and pseudonymous works (unless the author's
identity is revealed in Copyright Office records), the duration of copyright is 95 years from
publication or 120 years from creation, whichever is shorter. [ CITATION cop13 \l 2057 ] 

Registration and Notification of Copyright

Copyright is the lawful right of an author, artist, composer or other creator to control the use
of his or her work by others.  Generally speaking, a copyrighted work may not be duplicated,
disseminated, or appropriated by others without the creator's permission.  The public display
or performance of copyrighted works is similarly restricted.

The way in which copyright protection is secured is frequently misunderstood. Copyright is

secured automatically when the work is created and fixed in a tangible form, such as the first
time it is written or recorded. No other action is required to secure copyright protection –
neither publication, registration nor other action in the Copyright Office (although
registration is recommended).
The use of a copyright notice is no longer required under U.S. law, although it is
recommended. This requirement was eliminated when the United States adhered to the Berne
Convention effective March 1, 1989. If a copyright holder wants to use a copyright notice, he
or she may do so freely without permission from or registration with the U.S. Copyright
Office. In fact, the use of a copyright notice is recommended because it reminds the public
that the work is protected by copyright.

Why is copyright necessary?

On the other hand, we want society as a whole to benefit from new ideas and information,
and so copyright protection is limited. Copyright protects only the form in which ideas and
information are expressed.

Copyrights expire after a certain period of time. And the law allows certain limited uses of
copyrighted material by others, without the creator's permission. The most important such
use is "fair use," which is discussed in the next Section.

What does a copyright authorize the copyright owner to do, or to restrict others from
doing?

Subject to certain limitations, a copyright owner has the exclusive right to: reproduce the
work by making copies of it; distribute copies of the work to the public by sale, donation,
rental, or lending; prepare new works derived from the original (for example, a novel adapted
into a play, or a translation, or a musical arrangement); and publicly perform or display the
work.

Anyone who does any of these things without authorization infringes the copyright and can
be liable to the copyright owner for damages. In some cases, in lieu of proving actual
damages, the copyright owner can recover statutory damages of up to $30,000 or up to
$150,000 if the infringement was wilful, for the infringement of a work. Infringement can
also be a crime, punishable by fine or imprisonment. [ CITATION har12 \l 2057 ]

A copyright notice should contain all the following three elements:

1. The symbol © (the letter C in a circle), the word "Copyright" or the abbreviation
"Copr."

2. The year when the work was first created.

3. The name of the owner of the copyright.

Example: © 2020 zinabu girma

Public Domain

The public domain comprises all works that are either no longer protected by copyright or
never were. It should not be confused with the mere fact that a work is publicly available
(such as information in books or periodicals, or content on the Internet).
Essentially, all works first published in the United States before 1923 are considered to be in
the public domain in the United States. The public domain also extends to works published
between 1923 and 1963 on which copyright registrations were not renewed.

All materials created since 1989, except those created by the U.S. federal government, are
presumptively protected by copyright. As a result, the chances are high that the materials of
greatest interest to students and faculty are not in the public domain. In addition, you must
also consider other forms of legal protection such as trademark or patent protection before
reusing third-party content.

Public domain materials generally fall into one of four categories:

1. Generic information such as facts, numbers and ideas.

2. Works whose copyrights have lapsed over time or whose copyright holders have
failed to renew a registration (a requirement that applies to works created before
1978).

3. Works published before March 1989 that failed to include a proper notice of
copyright.

4. Works created by the U.S. federal government.

In rare instances, works may also be "dedicated" (i.e., donated) to the public domain.

Penalties of Copyright Infringement

By reproducing, republishing or redistributing the work of a copyright holder without

permission, you may be violating or infringing on his or her rights under the Copyright Act.

If the copyright holder has registered the work with the U.S. Copyright Office prior to the
infringement, the copyright holder may sue for compensation. Court-ordered compensation
may include damages such as lost profits from the infringing activity or statutory damages
ranging from $250 to $150,000, plus attorneys' fees, for each infringing copy. Even higher
damages may be awarded if the court feels that the infringement was committed "wilfully."

You may also be criminally liable if you willfully copy a work for profit or financial gain, or
if the copied work has a value of more than $1,000. In these cases, penalties can include a
one-year jail sentence plus fines. If the value is more than $2,500, you may be sentenced to
five years in jail plus fines. Criminal penalties generally apply to large-scale commercial
piracy.

"International" Copyright

There is no such thing as an "international" copyright that automatically protects a work

throughout the world. However, the most widely-adopted copyright treaty, as stated on the
Berne convention, once a work is protected in one of the Convention member countries; it is
protected by copyright in all of them. As of mid-2004, 156 countries, including the U.S.,
belong to the Berne Convention.

The Berne Convention further states that the scope and limitations of any copyright are based
upon the laws of the country where the misuse of the copyright-protected work takes place
(rather than the country where the work originated). For example, if you photocopy an article
in the U.S., then U.S. copyright law applies to determine whether that copy was lawful.
Similarly, if you digitize an image in the UK, the copyright laws of the UK apply to
determine whether that digitized use is lawful.

There are grey areas, however, when it comes to the online usage of copyright-protected
content. For example, if an article is uploaded in the U.S. and then viewed on a Web site in
Australia, where is the "copying" taking place – and is more than one "copy" being made?
Courts in the U.S. and around the world have yet to provide definitive answers as to what
country's laws should be used to determine online copyright infringement in this case. To
avoid a potential legal challenge from the copyright holder, many institutions follow a policy
of "when in doubt, obtain permission" in these situations [ CITATION bas06 \l 2057 ]

Copyright Infringement Penalties

Copyright infringement is the act of violating any of a copyright

owner’s exclusive rights granted by the federal Copyright Act.  There are
three elements that must be in place in order for the infringement to occur.

 The copyright holder must have a valid copyright.

 The person who is allegedly infringing must have access to the

copyrighted work.

 The duplication of the copyrighted work must be outside

the exceptions.

The legal penalties for copyright infringement are:

1. Infringer pays the actual dollar amount of damages and profits.

2. The law provides a range from $200 to $150,000 for each work
infringed.

3. Infringer pays for all attorney’s fees and court costs.

4. The Court can issue an injunction to stop the infringing acts.

5. The Court can impound the illegal works.

6. The infringer can go to jail. [ CITATION pur14 \l 2057 ]

Copy right and fashion goods

Copying is as old as the fashion industry itself. As early as 1903, Charles Frederick Worth
began sewing labels bearing his signature into his clothes as a means of authenticating his
designs. 

Today, knockoffs are more predominant than ever before. Fast fashion companies like Zara
and H&M have built multi-billion-dollar businesses reproducing the latest catwalk creations
for a fraction of their original price.

All in all designers in the fashion industry blame rules and regulations which cannot give that
much expected protection from infringement of their work as well. Consequently as
expressed on the fashion magazine of fashion business designers in UK, USA and other
developed were thrilled because of lessen copy right rules and regulations regarding fashion
goods and products

But recently there are some elements of protection of fashion design, with limited
effectiveness. The copyright law covers creative elements of fashion designs, such as print
patterns. Trademark law protects items with visibly displayed protected logos. Intellectual
property laws protect "trade dress", which is an appearance of a product which uniquely
identifies its source to the level of a trademark.

Some countries introduced other laws to protect fashion design; however, the protection is
inconsistent around the world. [ CITATION Hel16 \l 2057 ]

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Helfer, P. L. (2014). copyright management systems and its imacts. journal of law, 3.

law, p. u. (2014, 6 13). CopyrightBasics. Retrieved 11 6, 2020, from purdue university :

www.lib.purdue.edu

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Terlizzi, L. d. (2018, june 11). the-role-of-collective-management-organizations-and-the-

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