Implementation of Directive 2014/26/EU on Collective Management and Multi-Territorial Licensing of Musical Rights in Regulating the Tariff-Setting Systems in Central and Eastern Europe

Abstract

Procedures for setting the tariffs in collective management of copyright in Central and Eastern Europe are currently more or less intensively coloured by the influence of state authorities (such as intellectual property/copyright offices or competent ministers) or quasi-state authorities (such as copyright expert boards, councils or mediators). This article presents the results and conclusions drawn from research on tariff-setting procedures and criteria in the national laws of 13 Central and Eastern European countries as well as in European law and jurisprudence. Furthermore, this article analyses the provisions of Directive 2014/26/EU on collective management and multi-territorial licensing of musical rights, relevant for procedures and criteria for setting tariffs for both traditional and online use. Specific challenges introduced by this Directive are discussed, for authorised and unauthorised uses in the online world, as well as the influence of the Directive on the amount of remuneration for the repertoire represented by collective management organisations (CMOs). According to Directive 2014/26/EU, the position of CMOs in licensing and enforcing the rights collectively in the digital environment has changed tremendously, since they are not able to rely on their monopoly position nor on the presumption of representation, on the one hand, and they are invited to act multi-territorially, on the other hand. In these circumstances their cultural and social role is put at stake, which also affects cultural diversity in Europe. Finally, it is emphasised that in light of the shift in the paradigm of collective management from mono- to multi-territorial management, introduced by Directive 2014/26/EU, the problem of applicable law arises in relation to tariff-setting procedures established by the national laws of EU Member States.