Now available as
eBook
In the course of the last decade, 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. This book, an
extensively revised and updated edition of the only 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 2005 edition,
and a new chapter on multiterritorial licensing has 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 adequate licensing options makes
authorized use impossible;
• 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 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 countryspecific 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 rightsholders will want to ensure that they can put some reasonable
limits on those 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.
Introduction
Chapter 1
Collective Management of Copyright: Theory and Practice in the Digital Age
Daniel Gervais
Chapter 2
Collective Management of Copyright and Related Rights from the Viewpoint of
International Norms and the Acquis Communautaire
Dr Mihály Ficsor
Chapter 3
Collective Management of Copyrights and Human Rights: An Uneasy Alliance
Revisited
Prof. Laurence R. Helfer
Chapter 4
Multi-territorial Licensing and the Evolving Role of Collective Management
Organizations
Tanya Woods
Chapter 5
Collective Management in the European Union
Lucie Guibault and Stef van Gompel
Chapter 6
Collective Management in France
Nathalie Piaskowski
Chapter 7
Collective Rights Management in Germany
Prof. Dr Jörg Reinbothe
Chapter 8
Collective Management in the United Kingdom (and Ireland)
Prof. Dr Paul L.C. Torremans
Chapter 9
Collective Management in the Nordic Countries
Tarja Koskinen-Olsson
Chapter 10
Collective Management in Commonwealth Jurisdictions: Comparing Canada with
Australia
Mario Bouchard
Chapter 11
Copyright Collectives and Collecting Societies: The United States
Experience
Glynn Lunney
Chapter 12
Collective Management of Copyright and Neighbouring Rights in Japan
Koji Okumura
Chapter 13
Collective Management in Asia
Ang Kwee-Tiang
Chapter 14
Collective Management of Copyright in Latin America
Karina Correa Pereira
