Features of the expanded collective management of copyright and (or) related rights objects under the updated legislation of Ukraine

Abstract

Keywords: collective management of rights, copyright and related rights, extendedmanagement, organization of collective management, accreditation of the organization,remuneration, revocation of rights
 The article examines the features of extended collective management of copyright and (or)related rights, as one of collective management types provided by the updated legislationof Ukraine in the study area. The author points out that the expanded collectivemanagement extends to the entire territory of Ukraine and is carried out on the propertyrights of all right holders in the relevant category in the areas for which the organizationis accredited, including those who have not concluded an agreement onmanagement of copyright and (or) related rights with an accredited organization, regardlessof the method chosen by such right holders to manage their rights.Among the areas of expanded collective management are: public performance ofmusical non-dramatic works with text and without text, including those works thatare included in the audiovisual works; public announcement of musical non-dramaticworks with and without text, including those works that are included in the audiovisualworks, except for cable retransmission; the right to a fair remuneration, commonto performers and producers of phonograms (videograms), for the public performance of phonograms and performances recorded in them or a public demonstration ofvideograms and performances recorded therein, published for commercial use; theright to a fair remuneration common to performers and producers of phonograms(videograms) for the public notification of phonograms and their recorded performances,videograms and fixed performances published for commercial purposes otherthan cable retransmission.Analysing the areas of expanded collective management, the author concludes thatthe position of the legislator in the question of completeness of the list of such areas isright, although the areas themselves, in the author's opinion, are not quite correctlydefined. Agreed that expanded collective management somewhat limits the rights ofthe right holder, the list completeness of its application areas contributes to the clarityof its application and does not create risks of involving other areas by analogy. Theauthor notes that for each area of extended collective management, one accredited organizationis determined in the case of absence of any conflicts of interest between themain category of right holders, in whose interests such an organization operates, andother categories of right holders. The remuneration collection system during extendedcollective management is also analysed by the author.Considerable attention in the study is paid to the issue of legal status and featuresof the additional accredited organization. Determinant in the issue of effective managementof copyright and related rights is the right holder’s right to revoke his rightsfrom an additional accredited organization.