Коллективное управление авторскими и смежными правами: современное состояние и перспективы

Abstract

The article examines the current issues of the institute of collective management of copyright and related rights. The author substantiates the agency nature of legal relations arising from an agreement between copyright holders and collective management organisations. It argues in favour of necessity to extend the institute of collective management to such ways of using musical and musical-dramatic works as their inclusion in a complex object and making them publicly available. The judicial practice according to which allows to compel the user to conclude a remuneration agreement with an accredited collective management organisation is critically evaluated. Some changes to the existing model of participation of collective management organisations in the protection of copyright and related rights are proposed.