Collective Management Organizations Research Articles

Navigating the Mauritian Creative Landscape: Insights into Collective Management Organization of Copyright and Neighbouring Rights in Mauritius

A thorough analysis of collective management organisations (CMOs) in the unique sociocultural and economic context of Mauritius is presented in this article. By employing a comprehensive methodology that encompasses various case studies and qualitative research techniques like interviews and organisational document analysis, it provides significant understanding of the roles, challenges, and impacts of CMOs in directing and balancing creativity in the Mauritius setting. This study sheds light on the complexities and opportunities present in collective management within Mauritius’ dynamic creative sectors through an examination of operational processes, legislative frameworks, and the socio-economic contributions of CMOs. Minimal election attendance, numerous complaints and conflicts, poor enforcement of intellectual property rights, operational inefficiencies, minimal stakeholder involvement, and poor market dynamics are some of the particular challenges that CMOs in Mauritius confront. The modernisation of the legislative framework, the use of technological advancements, capacity building, income stream diversification, public awareness and advocacy campaigns, and the potential for African and regional unity are some of the special opportunities that CMOs have in Mauritius. This paper offers crucial insights for decision-makers, interested parties, and scholars who want to improve the sustainability and efficacy of collective management techniques, with the ultimate goal of promoting an atmosphere that encourages innovation, creativity, and the fair sharing of intellectual property rights in Mauritius.

Adaptation Strategies of Collective Management Institutions in Facing Digital Disruption in The Creative Industry

Digitalization has brought significant disruption to the creative industry, including in Indonesia. This change challenges Collective Management Organizations (CMOs) to adapt their strategies for managing copyrights and royalty distribution in the digital era. This study aims to examine the adaptation strategies implemented by CMOs in Indonesia in response to digital disruption, with a specific focus on the music sector. The research employs a qualitative method with a case study design. Data were collected through in-depth interviews, Focus Group Discussions (FGD), participatory observation, and document analysis. The findings indicate that CMOs face significant challenges in terms of operational efficiency, transparency, and fairness in royalty distribution. To address these challenges, CMOs have adopted digital technologies and developed more efficient management systems. The contribution of this study is to provide insights into how CMOs can effectively adapt to digital disruption, which could serve as a guide for future policy and strategy development.

COPYRIGHT PROTECTION AT THE INTERNATIONAL LEVEL: LEGAL MECHANISMS AND POLITICAL CHALLENGES

Copyright protection at the international level is a crucial aspect of the legal system in the context of globalization and the development of digital technologies. In today’s information society, ensuring adequate copyright protection is critically important due to the rapid dissemination of creative content on the Internet. The main issue lies in creating an effective international legal system that accommodates diverse national legislation and peculiarities. In order to improve copyright protection, it is necessary to strengthen international cooperation. This includes the development of uniform standards for the protection of rights, strengthening cooperation between countries and supporting the implementation of international agreements. It is also important to harmonize national laws, ensure adequate sanctions for rights violations, develop collective rights management organizations and conduct educational campaigns to increase legal awareness. The primary challenge is to harmonize national laws with international standards, which will enable a unified approach to copyright protection and reduce the risk of violations on a global scale. Studying international agreements such as the Berne Convention and the WIPO Copyright Treaty highlights the need for continuous improvement of legal mechanisms to adapt to new technological challenges. Effective copyright protection is critical to the development of creativity, innovation and cultural diversity. The practical significance of this research lies in improving law enforcement practices and developing recommendations for international organizations and national governments. Cooperation between states, international organizations, and the private sector is a key element in enhancing the effectiveness of copyright protection.

Centralized management of copyright royalties: A case study on the National Collective Management Organization for songs and music in Indonesia

Centralized management of copyright royalties: A case study on the National Collective Management Organization for songs and music in Indonesia

Digital transformation, blockchain, and the music industry: A review from the perspective of performers’ collective management organizations

This study examines the challenges related to the music industry's digital transformation and potential role of blockchain from the perspective of collective management organizations (CMOs). Building on desk research and primary data from semi-structured surveys conducted with C-level executives and managers, this empirical analysis identifies major projects, their state of development, and prospects for digital transformation based on blockchain in the music industry. The findings reveal that there are a limited number of blockchain projects led by and/or with the relevant participation of CMOs. However, most are just research projects, proofs of concept, or pilots, showing that blockchain is currently in an experimental phase of development on the periphery of the music industry's digital transformation. This is not very different from analysts' understanding of the current situation and perspectives on the mass adoption of blockchain in other industries. In summary, blockchain is neither at the core of the music industry's digital transformation nor a priority for CMOs leading this process from the perspective of intellectual property rights management. The limited quality of music metadata, sparsity of sound data sources, and absence of a common data governance framework among different stakeholders within the industry are the main impediments to transforming blockchain into a global solution with transformative potential. Overall, the results provide a snapshot of the current status and possible future trajectories of blockchain adoption as a paradigm for intellectual property rights exchange within the music industry.

Ethical Dilemmas and Copyright Challenges among Independent Artists in Kenya's Music Industry

This qualitative phenomenological research aims to find out the ethical dilemmas around revenue generation and copyright practices among independent artists in Kenya. The study delves into various aspects, including collective management organisations (CMOs), copyright laws, governmental policies, exploitative practices, and regulatory frameworks, through an extensive analysis of existing literature and qualitative data. It reveals that while Kenya's music industry has experienced substantial growth with the introduction of new music genres and disruptive innovations, it still struggles with systemic barriers that limit the welfare and success of independent artists. Governmental policies and copyright laws revealed gaps in protecting independent artists' intellectual property rights. The study shed light on issues such as corruption, mismanagement, and failure to distribute royalties to artists fairly, with a close examination of CMOs, thus calling for the need for increased transparency and accountability. These issues are linked to numerous challenges, including inadequate industry support, limited access to resources, and unfair compensation. Exploitative practices conducted by industry participants and intermediaries are subjecting independent artists to illegitimate contractual agreements, delayed royalties, and predatory behaviours from industry participants. The presence of weak regulations magnifies these concerns, resulting in the degradation of artists' rights and limited recourse in cases of copyright infringements or contractual disputes. This research, therefore, calls for regulatory reforms and industry-wide interventions to address these structural barriers and to give light on how to promote a more sustainable and equitable music ecosystem in Kenya. The study recommends the strengthening of copyright enforcement mechanisms, improving transparency and accountability within CMOs, and establishing tailored support systems for independent artists.

The Copyright Amendment Bill: A New Vista for Fair Remuneration for South African Creators and Performers?

Abstract The South African Copyright Amendment Bill (CAB) was passed by parliament on 29 February 2024. From the formal commencement of the legislative process for the enactment of the CAB, by way of its introduction to parliament in 2017 to its eventual passage and afterwards, there has been very serious debate about whether or not the CAB will live up to the objectives it is formulated to achieve. The debate has mainly been centred around the limitations and exceptions the CAB seeks to introduce into the copyright regime in South Africa. This debate has the effect of blurring other key proposals in the CAB that are geared towards ensuring and promoting fair remuneration for creators and performers in South Africa’s creative industries. Building on previous work and based on desk research, this paper undertakes an in-depth analysis of key clauses in the CAB relating to equitable remuneration and fair royalty, reversionary right, licensing of orphan works, artist resale royalty and regulation of collective management organisations (CMOs) in order to illuminate and ignite debate on the CAB’s proposals aimed at ensuring fair remuneration for South African creators and performers.

Copyright Content User Licensing Model for Collective Management Organizations in Uganda

Collective Management Organizations (CMOs) negotiate and collect royalties for intellectual works on behalf of its owners. These royalties fund Collective Management Organizations (CMO) activities, with portions going to copyright holders and the government (VAT). Higher education institutions make substantial contributions to copyright as makers and users of copyrighted works. CMOs attempt to collect royalties from these creators in order to preserve their confidence. Throughout the royalty collection process, Collective Management Organizations (CMO) engage with and gather a large amount of user data. This paper suggests a copyright user licensing approach to help Ugandan CMOs manage their licensing operations. The model includes gathering user information, determining requirements, and granting licenses. Data security in the central database is a major concern. Object-oriented programming (OOAD) is used to develop a trial system for user evaluation. The project involved collaboration with CMO staff, copyright users, and IP practitioners across several African countries. Feedback was gathered through interviews, focus groups, and user testing of a system prototype. The tested prototype was assessed for user-friendliness, navigation ease, consistency, usability, task completion time, and information access speed. The study concludes that a copyright user licensing model can improve licensing processes for CMOs and reduce copyright infringement. It further suggests that this model can be adapted for use by other licensing firms and organizations. Keywords: Collective Management Organization (CMO), Copyright user licensing, Copyright royalties, Higher education institutions, IP, Data security, OOAD, Copyright infringement Journal Reference Format: Lyada E , Egho-Promise E. I.,John,K.A. & Mustapha, A.B. (2024): Copyright Content User Licensing Model for Collective management Organizations in Uganda. Advances in Multidisciplinary Research Journal. Vol. 2.No. 4, Pp1-16. Vol. 10. No. 1. Pp 17-40 www.isteams.net/aimsjournal. dx.doi.org/10.22624/AIMS/BHI/V10N1P2

Mediation and Representation Relations in the Exercise of Copyright and Related Rights by Non-Profit Organizations

Relevance. The article analyzes contractual and other legal grounds, using which collective management organizations and other non-profit organizations can perform the functions of intermediaries and representatives of authors and other right holders in order to ensure the lawful use of copyright and related rights objects in modern conditions.The purpose of the research is to develop theoretical provisions necessary for the development of legal regulation of the activities of non-profit organizations related to the implementation of copyright and related rights.Objectives: to identify the peculiarities of legal regulation of mediation and representation relations arising from the participation of non-profit organizations in the implementation of copyright and related rights; to identify the problems associated with such legal regulation, to develop proposals aimed at their elimination.Methodology. The author used dialectical-materialistic method, methods of analysis and synthesis, formallegal method.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.Conclusions. The conclusions made in the article are of a discussion nature, aimed at continuing research on the development of legal regulation of the activities of non-profit organizations related to the implementation and protection of copyright and related rights, including the expansion of the range of non-profit organizations able to participate in the implementation and protection of rights to the results of intellectual activity, as well as to simplify their obtaining the powers necessary for the implementation of such activities.

Ethical dilemmas and copyright challenges among independent artists in Kenya's music industry

This qualitative phenomenological study investigates the ethical dilemmas surrounding revenue generation and copyright practices among independent Kenyan artists. Through an extensive analysis of existing literature and qualitative data, the study delves into various aspects including copyright laws, governmental policies, and collective management organisations (CMOs), exploitative practices, and regulatory frameworks. It uncovers that while Kenya's music industry has experienced significant growth with the rise of new music genres and disruptive innovations, it still grapples with systemic barriers that impede the success and welfare of independent artists. Copyright laws and governmental policies revealed gaps in safeguarding independent artists' intellectual property rights. With a close examination of CMOs, the study shed light on issues such as mismanagement, corruption, and failure to distribute royalties to artists fairly, thus calling for the need of increased transparency and accountability. These issues are linked to the numerous challenges, including limited access to resources, inadequate industry support, and unfair compensation. Exploitative practices carried out by industry players and intermediaries are subjecting independent artists to unjust contractual agreements, withheld royalties, and predatory behaviours from industry players. The existence of weak regulations magnifies these issues, resulting in the erosion of artists' rights and minimal recourse in cases of copyright violations or contractual disputes. This study, therefore, advocates for regulatory reforms and industry-wide interventions to address these systemic barriers and to shed light on how to foster a more equitable and sustainable music ecosystem in Kenya. Last, the study recommends the strengthening of copyright enforcement mechanisms, improving transparency and accountability within CMOs, and establishing tailored support systems for independent artists.

REVIEW OF REVERSIONARY RIGHTS IN THE SOLD-FLAT AGREEMENT OF SONG CREATION ASSOCIATED WITH LAW NUMBER 28 OF 2014 ON COPYRIGHT

The copyright reversion provision or known as reversionary right contained in Article 18, 30, and 122 Law of the Republic Indonesia Number 28 of 2014 on Copyright is a legal substance that has been regulated by various countries in the world. This provision is intended to provide justice for creators whose rights are often violated in the implementation of copyright transfer agreements with a sold-flat mechanism. Indonesia Copyright Law is not specifically determined an implementing rules or guidelines to exercise this rights of reversions provisions. In its application, there have been rejections from record producer company such as in the case of Constitutional Court Decision Number 63/PUU-XIX/2021. This article is placed to review the implementation of reversionary rights provisions in Indonesia by analyzing national dan international provisions and court decisions with normative juridical methods and comparative law, as well as analytical and exploratory descriptive approaches. The implementation of reversionary rights provisions in Indonesia will raise challenges of weak legal understanding and disruption of rejection by record producers, which will weaken aspects of the implementation process. The provisions of the stages of the submission notifications process and documentation of reversionary rights in writing applied by the United States and the Netherlands can be something that Indonesia develops in strengthening the implementation process of reversionary rights provisions. To exercise and enforce their reversion rights, songwriters can renegotiate the agreement with the record producer, file for compensation with the commercial court, or also join the Collective Management Organization.

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.

Legal Comparison Between National Collective Management Institutions in Indonesia and United States

Purpose: This Study aims to find out about the role of the Indonesian National Collective Management Institution in providing protection for the economic rights of musicians compared to the United States Collective Management Organization on digital era development. Methods: This research method uses normative and empirical legal research methods by using empirical facts from human behavior, both behavior through direct observation or verbally obtained from interviews. Data collection techniques were carried out by conducting interviews with informants and studying documents from written data. Results and Conclusion: The results of the study show that in carrying out its duties the National Collective Management Institute has fulfilled the royalty rights of musicians in accordance with what is mandated in the applicable regulations. Research implications: the development of the Digital world which should have had many positive impacts on Economic Progress and the quality of Human Resources in the Indonesian nation actually had a negative impact due to a lack of understanding which would hinder this process. Originality/value: The Indonesian government must be encouraged to create regulations regarding copyright in digital media and provide education to the public regarding understanding copyright.

미술품재판매보상청구권의 강제적 집중관리 관련 법적 쟁점

After a long controversy over the pros and cons, the resale royalty right, also known as the ʻdroit de suite,ʼ was eventually introduced in Korea following the enactment of the Art Promotion Act dedicated to supporting the fine arts ecosystem. In relation to the enforcement of resale royalty right, the Art Promotion Act stipulates the collection and distribution of the resale profits should be made through institutions dedicated to the promotion of the art as designated by the Minister of the MCST, or non-profit organizations comprised of individuals entitled to the Artistʼs Resale Right. However, the requirements for designation of the organization executing the resale royalty right, cancellation of designation, details of procedures for collection and distribution of resale royalties, and management fees, etc. should be detailed through the Enforcement Decree. Therefore, it is necessary to prepare detailed regulations and systems to ensure the effectiveness of the resale royalty right during the four-year grace period until the implementation of provisions stipulating the resale royalty right. Accordingly, this paper reviewed the mandatory collective management of the resale royalty right. For this purpose, Chapter 2 reviews related regulations under the Art Promotion Act and examines overseas cases where the resale royalty right has been introduced and implemented. Next, Chapter 3 addresses the legal relationship of the resale royalty right holder and the collective management organization in charge of the collection and distribution of resale royalties and examines the direction of enactment of the Enforcement Decree of the Art Promotion Act related to the enforcement of the resale royalty right and other legal and institutional considerations to ensure the effectiveness of the enforcement of the resale royalty right.

PROBLEMS OF USING OBJECTS OF RELATED RIGHTS IN SOCIAL NETWORKS

This article is dedicated to the study of the use of related rights objects in social networks. During the preparation of the article, possible ways of using phonograms and videograms in such social networks as Instagram and Tik Tok were investigated. The inclusion of the subject of related rights in an audiovisual work, phonogram or videogram was found to be the most common of such uses. It was established that the specified method of using objects of related rights does not belong to the cases of possible free use of objects of related rights and requires the permission of the right holder for such use. Based on the analysis of legal acts in the field of copyright and related rights management, as well as the terms of use of social networks Instagram and Tik Tok, a list of methods was formed by using which users can obtain permission to include a phonogram and/or videogram in another phonogram/videogram. During the research, it was found that the easiest and most convenient way to obtain a license to include a phonogram and/or videogram in another phonogram and/or videogram and/or audiovisual work is to obtain it directly from the corresponding social network by using those objects of related rights that are placed in the so-called "libraries" of objects of such a social network. The methods of obtaining a license for the use of objects of related rights in the absence of the possibility of obtaining such a permit directly in the required social network are considered and analyzed in detail. In the process of conducting the research, the main shortcomings of the management of related property rights in the field of «inclusion in a phonogram, videogram, audiovisual work» personally by the right holder and with the help of a collective management organization using a form of voluntary collective management were identified and described.

Pelindungan Hak Ekonomi Terhadap Pencipta Sinematografi Digital: Studi Perbandingan Hukum Hak Cipta Indonesia dan Jerman

Cinematographic work is protected by law under the Copyright Law No. 28 of 2014 in Indonesia. The fundamental principle is that the Creator is entitled to fair remuneration for the use of their work, in line with the alter-ego concept that gives the highest position to the Creator. In contrast to Indonesia, Germany has clearly regulated the procedures for the collection, management, and distribution of remuneration through the Urheberrechtsgesetz and the Collective Management Organization (CMO) operating with authorization from the Creator. The research method used is juridical-normative with a descriptive analysis approach. This study applies a comparative legal approach, utilizing data from both conventional and online literary sources, as well as interviews. The research findings indicate that Indonesia does not yet have specific regulations to protect the economic rights of digital cinematography. The absence of a Collective Management Organization (CMO) leads to an imbalance in licensing agreements between the Creator and digital platforms as users of cinematographic works.

방송분야의 저작권 이용 구조와 공정이용에 관한 비판적 고찰

Disputes related to copyright frequently arise in the broadcasting and OTT services. There are three types of disputes. The first is disputes between broadcasters and collective management organizations regarding trust agreements for phonogram incorperated in audiovisual works. The second issue is related to broadcasting remuneration for using audiovisual works and phonograms in broadcasting, and the last is the the application of broadcasting remuneration claims according to international treaties. Some legislative proposals were announced to solve these problems. However, these proposals also have inherent problems that make them difficult to implement. The broadcasting monitoring system is being introduced as a solution to solve copyright rights issues in broadcasting. It is important to point out that the quantitative criteria for fair use need to expand the fair use of copyrights with the broadcasting monitoring system. It might be observed that if a user is sued based on fair use, the user will bear litigation costs. Therefore, if the copyright license fee is lower than the lawsuit cost, it is advantageous for the users to pay for the use of a very small portion of copyrighted works. With the introduction of the broadcasting monitoring system, particularly when implementing a monitoring system for literary works, it is necessary that fair use has to be distinguished from licensed uses of copyright works, and a substantial database for literary works may be required.

TINJAUAN KOMPARATIF ANTARA UNDANG-UNDANG HAK CIPTA NO No.19 Tahun 2002 TENTANG HAK CIPTA DENGAN UU No. 28 Tahun 2014 TENTANG HAK CIPTA

This study aims to examine normatively what are the differences between the old and new Copyright Laws. This research is normative legal research, namely research based on written laws and regulations and various literature related to this problem. There are several differences in the arrangements in the new and old Copyright Law, namely that copyright protection is carried out for a longer period of time. Better protection of the economic rights of creators and/or owners of related rights, including limiting the transfer of economic rights in the form of sold flats. Effective dispute resolution through mediation, arbitration or court processes, as well as the application of complaint offenses for criminal prosecution. The trading place manager is responsible for the point of sale and/or copyright infringement and/or related rights in the shopping center they manage. Copyright as an intangible movable object can be used as a fiduciary guarantee object. The minister is given the authority to delete works that have been registered, if the creation violates religious norms, moral norms, public order, state defense and security, as well as statutory provisions. Authors, copyright holders, owners of related rights become members of the Collective Management Organization in order to collect fees or royalties. Authors and/or related rights owners receive royalty payments for creations or related rights products made in an official relationship and used commercially. The Collective Management Institution whose function is to collect and manage the economic rights of creators and owners of related rights is required to submit an application for an operational permit to the Minister. The use of copyright and related rights in multimedia means to respond to developments in information and communication technology.

Legal Protection for Music Copyright: Comparative Study between Indonesia and Malaysia

Music copyrights are not only considered as commodities but also considered as private property which must be recognized and protected by the state. In Indonesia, legal protection for copyright holders and creators is conducted through the National Collective Management Organization, while in Malaysia those issues are handled by Music Rights Malaysia Berhad. The purpose of this research using a comparative legal concept approach is to provide information about music copyright protection in Indonesia and Malaysia regarding legal issues regarding the position of the music copyright protection agency as well as prosecution and legal remedies for copyright infringements within the country and across countries. This study used normative juridical legal research. The results of study show that National Collective Management Institute (NCMI) and Music Rights Malaysia Berhad (MRM) have the same characteristics, namely as independent institutions and have attributive authority to take legal action against Music copyright violations. Furthermore, MRM has a narrower range of royalty collection than NCMI. In addition, MRM has no obligation to mediate if the case is a civil case. Besides, legal efforts that can be carried out by NCMI and MRM can be through the realm of criminal or casuistry litigation or arbitration.

Collecting Society in the Administration of Copyright Law in Nigeria: An Appraisal

Infringement on copyright works has been on the increase in Nigeria, particularly, book, music, and film piracy. This has greatly militated against the rights of copyright owners depriving them of benefiting from the fruits of their labor and nothing to show in terms of return on investments. Consequently, there is the need to have a solid collective management structure in place as provided in S.39 of the copyright Act 2004. The establishment of collecting society also known as Collective Management Organization is very important and useful to right owners for the collection and sharing of royalties, granting of licenses, monitoring of users and taking steps to enforce rights where necessary. Having gone through textbooks, case laws, statutes, and internet materials, it is clear that collecting society is necessary in the administration of Copyright. Many collecting societies should be established for fair competition, effective and efficient management of the rights of Copyright owners. This will prevent the risk of monopoly to a collecting society.