Collective Management Of Copyright Research Articles

Copyright and digital music platforms: harmony or dissonance?

This study addresses the complex relationship between copyright and digital music platforms in the digital era. As digital platforms become the primary means of music distribution, significant challenges arise concerning the protection and fair compensation of authors. The article explores the evolution of the music industry, from the early days of the phonograph to modern streaming platforms, highlighting the technological changes that have shaped the relationship between music and technology. The copyright system in Brazil is also discussed, influenced by the French dual protection model, encompassing both economic and moral rights. The text also analyzes the role of the Central Office for Collection of Copyright (ECAD) and its seven Associations in the collective management of copyright, as well as the issue of transparency in the distribution of economic rights. One point of debate is whether music transmission through streaming platforms should be considered public or private performance, directly impacting copyright revenue collection. Therefore, this study aims to present the relevant panorama of this new context of copyright associated with digital music platforms (streaming). Adopting a deductive methodology with exploratory research, the article concludes that the landscape of copyright in Brazil and its relationship with digital music platforms is a complex and challenging topic that requires careful consideration and appropriate regulation to ensure authors are adequately protected in a constantly evolving digital environment. It emphasizes the need for greater transparency and clarity in the collection, calculation, and distribution system of economic rights by digital music platforms.

Коллективное управление авторскими и смежными правами: современное состояние и перспективы

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.

РЕФОРМУВАННЯ НАЦІОНАЛЬНОЇ СИСТЕМИ ПРАВОВОЇ ОХОРОНИ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ УКРАЇНИ В КОНТЕКСТІ ЄВРОІНТЕГРАЦІЇ

The article investigates the current state and effectiveness of reforms within Ukraine's intellectual property (IP) system in the context of European integration. By analyzing scientific literature and legal regulations, it aims to substantiate recommendations and proposals for further development of the IP system. The primary focus lies on analyzing the IP system and its transformation during Ukraine's European integration process. The article delves into the essence, nature, and key approaches to defining the IP system. Following the ratification of the Association Agreement between Ukraine and the EU, the authors explore the motivations behind the necessary reforms for the Ukrainian IP system. These reforms ultimately aim to integrate Ukraine into the EU single market. The article outlines the goals and objectives of these reforms, along with an analysis of the regulatory framework that defines the directions for IP system reform. It then examines the main strategic reform areas in the IP field, including: reforming the state IP management system; reorganizing the system for collective management of copyright and related rights; ensuring transparency in the operations of the newly established National Intellectual Property Office (UIPO/IP Office); enhancing and harmonizing Ukrainian legislation with EU law during European integration. The article analyzes the positive changes that have emerged within the IP system during the reform process. It also identifies the main barriers and challenges hindering the development of the IP system in contemporary times. Furthermore, the research analyzes the dynamics of Ukraine's position in international rankings based on changes in the Intellectual Property Rights Index and its sub-indices. The authors conclude that the IP system reform remains unfinished. This incompleteness negatively impacts the country's economic development during wartime and hinders European integration efforts. The article explores effective tools and measures that could accelerate positive changes in Ukraine's IP system.

어문저작물의 재이용 합법화 및 공정화 방안

In the course of conducting business and research, numerous literary works, particularly those categorized as STM (Scientific, Technical, and Medical) works, are utilized. While some may be ‘re-used’ without the author’s consent due to copyright limitations or exceptions, the majority cannot. In principle, research institutes, companies, or public entities would need to individually seek permission from the rightsholder, which is not only a significant inconvenience but is also rarely practiced. Even in the digital age, the problem persists without signs of resolution. This situation results in financial losses for authors and exposes companies to liability issues related to copyright infringement. Ultimately, a solution must be found to ensure fair compensation for authors and adherence to copyright laws by companies.
 Recognizing this problem, Germany’s collecting society VG WORT has partnered with the Copyright Clearance Center (CCC) to address it. RightsDirect, a subsidiary of CCC, has collaborated with VG WORT to offer Digital Copyright Licenses to companies, government offices, and public institutions. The outcome is a partnership that grants free digital reuse of scholarly works under the administration of VG WORT and CCC, while also providing additional income to participating authors affiliated with VG WORT.
 This paper aims to provide an overview of the collaboration between VG WORT and CCC/RightsDirect and to analyze its significance, structure, advantages, and limitations. Specifically, the article will examine how authors of literary works can benefit from such collaborations and whether they pose any negative impact on the existing system of collective management of copyright. Collaborations of this nature pose challenges and differ from traditional collective management. Nevertheless, it is undesirable to overlook issues of copyright infringement and reduced author profits, given the frequent reuse of works within companies. Drawing insights from the VG WORT case, we should assess the feasibility of a similar business model in Korea and proactively respond to future market changes.

Copyright Protection for AI-Generated Works

Since the 2010s, artificial intelligence (AI) has quickly grown from another subset of machine learning (ie deep learning) in particular with recent advances in generative AI, such as ChatGPT. The use of generative AI has gone beyond leisure purposes. It has now been widely used to generate music, news articles and image-based art works. This prompts a regulatory interpretation as to how AI-generated works should be appropriately used to eliminate their potential harm to society, but at the same time how it should be protected to foster human creativity and promote a well-functioning market. This article is an update from the author’s evidential report and speech on “AI and Intellectual Property Rights: IPR Protection for AI-Created Work” for the evidence meeting of the All-Party Parliamentary Group on Artificial Intelligence on 24 January 2022. It considers whether AI technologies should be granted status as copyright or patent owners by looking into existing regulations in the United Kingdom, European Union, United States and China. It further considers how generative AI copyright protection should be managed in the digital society to protect users and strike a fair balance among rightsholders. It argues that it would be beneficial to a well-functioning market if AI-generated works could be subject to collective management of copyright via copyright management organizations within countries. In addition, the article provides mapping of existing legislations in a comparative study and their interpretation for the application of AI-generated works protection and aims to bring together global policymakers and stakeholders to initiate joint efforts to promote international harmonization on intellectual property rights (IPR) protection for AI-generated works. Keywords: artificial intelligence; generative AI; AI-generated works; collective copyright management; computer-generated work; copyright protection.

Are Italian Rules on Copyright Collective Management in Line with EU Law?

Abstract Directive (EU) 2014/26 liberalised the market for collective management of copyright and related rights in Europe. In doing so it distinguished collecting societies into two categories. ‘Collective Management Organisations’ (CMOs) are entities that are either controlled (or owned) by rightholders or organised on a ‘non-profit’ basis. Conversely, ‘Independent Management Entities’ (IMEs) operate ‘for profit’ and are not controlled by rightholders. Prior to the adoption of this Directive, Italian law entrusted SIAE (Italian Society of Authors and Publishers) with a legal monopoly for the collective management of copyright. In 2017 a reform put an end to this system by opening the market to new entrants. However, according to the new rules, an entity can only manage copyright in Italy if it qualifies as a CMO. IMEs are therefore still not allowed to manage copyright in the Italian market. Such a restriction has raised a lively debate in Italy and its compatibility with EU law has recently been the object of a request for a preliminary ruling of the CJEU by the Tribunal of Rome. This work deals with the question of whether the choice of preventing IMEs from entering the Italian market is compatible with the principles of Directive 2014/26 and with general principles of EU law on the Internal Market.

Collective management of copyright and related rights - fiscal implications

Creative activities are a constant in all the periods and changes that humanity has gone through, they enriched life, improved living conditions and contributed to the progress made in different areas of activity. In today’s highly digitized context, social networks, YouTube, Spotify and Netflix are representative means by which intellectual creations reach the public. In this equation, it is legally required to answer the question how do creators, authors and holders of related rights receive appropriate compensation for the use and exploitation of their works? Collective management organizations provide an answer, they provide a way through which copyright and related rights may be exercised. As a consequence of their contribution to the exploitation of copyright and related rights, collective management organizations also play a fiscal role. Some aspects require clarifications, such as identification of taxable persons, direct and indirect tax applied to the achieved income, as well as non-patrimonial tax obligations.

Collective Copyright and Related Rights Territorial Restrictions Administrative Perspectives in the European Union

The existing international system of collective management of copyright and related rights is based on mutual representation agreements concluded by collecting societies, which impose territorial restrictions on the activities of these entities. The article examines the possible conflict of these territorial restrictions with the law of the European Union, applying scientific theoretical and empirical methods. The article identifies the position of the Court of Justice of the European Communities, the European Parliament and the European Commission on this issue, and draws conclusions on the possible consequences, based on the models proposed by these institutions.

O‘ZBEKISTONDA MUALLIFLIK HUQUQI HIMOYASINI TA’MINLASHDA MULKIY HUQUQLARNI JAMOAVIY ASOSDA BOSHQARUVCHI TASHKILOTLARNING TUTGAN O‘RNI

The article discusses the current state and processes of copyright protection in Uzbekistan, in particular, the role of organizations that manage property rights on a collective basis. It is known that according to the Law of the Republic of Uzbekistan “On Copyright and Related Rights”, authors, performers, producers of phonograms or other copyright holders of works of science, literature and art, in order to exercise their property rights, have the right to create organizations that manage their property rights on a collective basis. The article highlights the legal significance of the legal methods and means used by such organizations in the performance of their tasks and functions. Due to the fact that organizations that manage property rights on a collective basis are entitled to take any legal actions necessary to protect the rights they manage, the legal nature of these actions, the mechanisms for protecting the property and personal non-property rights of authors and right holders with highlights. The article also provides that an organization which manages property rights on a collective basis may agree with users on the amount of remuneration to be paid on behalf of the right holders and the basis of the powers arising from them, and other terms of contracts. Issues such as entering into agreements with users and negotiating with users the amount of remuneration for exercising the rights managed by the organization were also discussed. The conclusion based on the issue of improving the “institution” of collective copyright management in Uzbekistan is provided at the end of the article.

데이터와 지식재산 규율체제의 접점과 정책의 유추

This study focuses on the need to refer to or apply analogy to the intellectual property system that is most similar in essence to data for the effective establishment of non-personal data regulatory policies, which are gaining importance with the advent of the data economy era. In order to establish a virtuous cycle structure of the ecosystem, it is intended to compare the coordinates of a desirable data policy with the intellectual property regulatory system. To this end, we first explore the nature of data and intellectual property and the interface between the two regulatory systems. First, consider the nature of data and intellectual property: i) ‘data as intellectual property (IP)’ (comparative review with data and intellectual property’s subject matters such as inventions, works), and conversely ii) ‘intellectual property as data’ (The informational nature of intellectual property) is understood by considering both aspects. Next, the interconnection link between the IP system and the data regulation system will be examined, taking into consideration what points can be applied by analogy from the characteristics of the established intellectual property protection system. First, after i) analyze the characteristics of the intellectual property protection system, ii) analyze the commonalities and differences in the nature of information and seek contact points iii) check in the context of a common policy structure of creation, protection, utilization and foundation. In data policy establishment, a system that can be inferred from the intellectual property system should be able to support the maintenance and development of the data ecosystem virtuous cycle structure. After comprehensively examining the factors that can be inferred and applied from the IP system, additionally, a few topics such as i) Collective ownership of IP and the concept of total sharing data ownership ii) Non-voluntary license and forced sharing of data iii) Implications of the collective copyright management system through trusts will be discussed in more detail.

Issues of legal regulation of collective management of copyrights and related rights in Ukraine

The article analyzes the problematic issues of legal regulation of collective management of copyrights and related rights, which exist under the 2018 Law of Ukraine “On effective management of property rights of copyright holders in the scope of copyright and (or) related rights”. It is noted that the adoption of this Law was an important stage in the development of Ukrainian legislation in the scope of copyright and related rights in the direction of its approximation to the standards of the European Union on the activities of collective management organizations. This has significantly implemented the main provisions of the Directive of the European Parliament and of the Council № 2014/26/EU into the national legislation of Ukraine. At the same time, the analysis conducted in the article allows us to state that the Law also contains some controversial provisions that require theoretical understanding and development of proposals for further improvement of legal regulation of collective management of copyright and related rights. It is proposed to replace the title of this Law with a more precise and concise one – “On the collective management of copyright and (or) related rights”. It is emphasized that this Law should consistently take the position that the object of collective management is property copyright and related rights. In order to
 implement the provisions of Directive № 2014/26/EC, a position was expressed on the expediency of enshrining in national legislation the possibility of right holders to transfer their copyright and related rights to management not only to collective management organizations but also to other independent organizations. Attention is paid to the expediency of returning to the representative model of relations between collective management organizations and rightsholders. It is noted that in the text of the Law the term “contract on permission to use copyright and (or) related rights” should be replaced by “license contract”, specifying that collective management organizations can only grant non-exclusive licenses.

The Future of Music Copyright Collectives in the Digital Streaming Age

The Future of Music Copyright Collectives in the Digital Streaming Age

O‘ZBEKISTONDA MUALLIFLIK HUQUQI BO‘YICHA MULKIY HUQUQLARNI JAMOAVIY BOSHQARUV TASHKILOTLARININNG VUJUDGA KELISHI VA RIVOJLANISHI

The issues related to the history of the establishment of the institution of copyright protection, with the division of powers of collective management organizations, with the functions of organizations and their types, with the difference between collective management of copyright and such a concept as representation are touched upon. In addition, the essence of collective management is that participating organizations enter into agreements with authors and other rightholders and take responsibility for the management of these rights; conclude contracts with copyright holders, persons using works (objects of copyright and related rights) on their own behalf on the basis of the powers granted by collective management organizations; collect, distribute and pay royalties to copyright holders; The article discusses the role of copyright holders and other copyright holders in court, as well as the role of some organizations in providing social support to their members. Attention is paid to some urgent problems related to the improvement of this institution, international standards for copyright protection and comparative legal analysis of national legislation, as well as the opinions of scientists from Uzbekistan and other different countries. Suggestions and recommendations were put forward of scientific and practical importance for national copyright law.

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

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.

Valuation of copyrights to audiovisual works: transparency practices of the copyright management organizations in the European Union

Motivation: The functioning of the audiovisual sector strongly depends on the use of copyrights and related rights. Problems with their clearing could harm the functioning of companies and might even lead to strong financial problems. The distribution of copyright-protected audiovisual works requires the licensing of rights by different rightsholders. Some of them are represented by Copyright Management Organizations (CMOs), which allow users to clear rights for many works without individual negotiations. Fees paid to CMOs for copyright-protected content constitute a significant part of operating costs for companies like TV stations, cable operators, VoD (Video on Demand) platforms. In case of intellectual properties for audiovisual works, CMOs make the valuation. They have been facing legal challenges due to subjective valuations as a result of being monopolies in the local market of the represented country and lack of transparency.
 Aim: This work explores the transparency of 21 CMOs in 4 EU countries due to their expected to be an integrated market status as the result of political and economic amalgamation. In addition to the adoption of The European Union Directive on collective management of copyright and multi-territorial licensing of rights, as part of the EU’s Digital Single Market project, this exploratory research, with comparative analysis of CMOs using the linear ordering methods, explains the necessity of an epagogic approach to creating correct institutions besides directives and laws, such as central observation, an ombudsman for conflict management, or an official body to employ these features in one structure to actively govern the market.
 Results: The conducted analysis allowed us to reflect on the importance of transparency and taxonomic mapping of the audiovisual market landscape will be the guideline to flatten the copyright valuation divergence in the EU and eventually will pave the way for fewer disputes and more innovations.

Report on the Kyoto Guidelines of the ILA Committee on Intellectual Property and Private International Law

Abstract In 2010 the International Law Association (ILA) formed a committee to develop a new set of rules on intellectual property and private international law. In 2020 the committee presented its work at the 79th Kyoto Conference of the ILA. The ‘Kyoto Guidelines’ cover all areas of IP and all aspects of private international law. This report presents the Kyoto Guidelines and particularly looks at four questions of private international law: initial ownership; jurisdiction and applicable law in cases of multi-state infringements; validity claims of registered rights which arise incidentally; and cross-border collective copyright management.

Problems Of Copyright Protection: Plagiary And Piracy On The Internet

The main purpose of this article is to study the institution of copyright protection, with the division of powers of collective management organizations, with the functions of organizations and their types, with the difference between collective management of copyright and such a concept as representation are touched upon. The main focus is on the main goals of improving the judicial system in accordance with the Uzbekistan’s Five-Area Development Strategy for 2017-2021 in general and proposals for further improvement of the legislation were formed on the basis of the approach, proposed by the author. Also, attention is paid to some urgent problems related to the improvement of this institution, international standards for copyright protection and comparative legal analysis of national legislation, as well as the opinions of scientists from Uzbekistan and other different countries. Suggestions and recommendations were put forward of scientific and practical importance for national copyright law

Transitional Collective Management of Copyrights in Kenya: Legal, Policy and Administrative Reforms

The evolution of the collective management of copyrights in Kenya over the past decades has altered some of the traditional pretexts that have previously served as a basis for the regulation of CMOs. The current impasse between the Board and the CMOs and the decision by the Board to suspend the collection of royalties for at least three months are an aide-memoire that the theoretical and practical paradigms in our present regime are not an adequate response to the transitional realities. It is therefore crucial to have a look at the transitional conditions in which the collective management of copyrights is carried out in Kenya so as to seal the lacuna that mars the legal, policy and administrative framework on the regulation of CMOs. This paper takes into consideration the infeasibility of individual management of copyrights as well as the de jure and de facto monopoly position enjoyed by CMOs in Kenya and subsequently suggests a seamless transitional framework which would ensure a continuum in the performance of functions hitherto performed by a CMO. Indeed, CMOs have become indispensable intermediaries in the Kenyan copyright system and a transitional period only accentuates their importance. Whereas no given society can boast of having attained the acme of legal omniscience, the foregoing recommendations envision elevating the Kenyan legal, policy and administrative framework to heights that enable the eschewal of any challenges that may be posed in the transitional context of collective copyright management.

Collective Management of Copyright in Greece After the Implementation of Directive 2014/26/EU

Abstract The Collective Management Law (L. 4481/17) transposed Directive 2014/26/EU into national law, and also set a voluminous legal framework on collective management with intensive state intervention. This placed Greece’s collective management organisations (CMOs) in a less favourable operating condition compared with those in other Member States. The implementation procedure in Greece plunged the music market into crisis, and showed that many national CMOs were unprepared to adapt to the new burdensome administrative measures and overloaded the existing competent authority with a variety of monitoring and supervisory tasks. The challenge for legislative initiatives and supervisory mechanisms remains to strike a balance between the quest for transparency and accountability and the viability of smaller and weaker CMOs. This article aims to give a short survey of the new legal framework on collective management in relation to the current day-to-day situation and the case law.

The internet renaissance of collective management organisations: reflections on flat fee system and the role of collective management organisations

ABSTRACTWith the increasing influence of modern technologies, collective management stands in front of a significant challenge. An integral part of this process is the necessary change in our society’s psychology, as the disputed shifts in the possibilities of using copyrighted works on the Internet represent a whole new perspective on sharing creativity and collaboration between users and authors. Changes in possibilities of using copyrighted works and in the minds of stakeholders indicate that our current system is not sustainable in the long term. The original motivation to create organisations of collective management – the possibility of more economically advantageous and useful administration of legitimate claims of authors, still exists. Therefore, we must seek a solution that will create a compromise between the anarchist concept of the Internet generation and the rigid approach of copyright. A flat fee could be an easy solution (whether as a part of an Internet connection payment or a ‘copyright tax’). The article discusses positive and negative aspects and provides a critical assessment of feasible options for practical use in the European legal system with regard to the Directive on collective management of copyright (2014/26/EU). In conclusion, the article summarises how collective management organisations are supposed to effectively manage the use of copyrighted works on a flat-fee basis.