On the Reforms, Practice and Perspective of the Law on Collecting Societies in Ukraine

Abstract

AbstractThis chapter explores the current state and potential of collective management of copyright and related rights in Ukraine after the adoption of the Law on Collective Management Organisations in 2018 (Law on CMOs). Despite the overall success of the collective management reform, this remains one of the most controversial areas of copyright in Ukraine. This chapter identifies and explores positive and negative processes caused by the new law and perspectives for collective rights management in Ukraine. The following positive outcomes of the reform of the Law on CMOs are considered: (1) bringing Ukrainian CMOs’ standards closer to European standards; (2) elimination of state involvement; (3) introduction of new types of rights into collective management; and (4) increased transparency of CMOs. Further, the law has strengthened the obligations and rights of all subjects of the Law on CMOs, but first and foremost of CMOs with regard to transparency and accountability of their activities. The process of liquidating the state CMO, as a vestige of Soviet legal approaches, is also considered as a positive outcome of the reform. As a negative practice, certain problems of applying the law are discussed. These are: (1) the slow implementation of the law’s provisions; (2) the uncertainty surrounding the procedure of withdrawing rights from collective management; and (3) problems relevant to the tariff-setting process. Although the introduction of the rights withdrawal procedure has undoubtedly strengthened the rights of authors and rightholders, the Ukrainian practice so far has been ambiguous. Based on these findings, the chapter considers perspectives for collective management in Ukraine.