Copyright collective

A copyright collective (also known as a copyright collecting agency, licensing agency or copyright collecting society or collective management organization) is a body created by copyright law or private agreement which engages in collective rights management.[1] Collecting societies have the authority to license copyrighted works and collect royalties as part of compulsory licensing or individual licences negotiated on behalf of its members. Collecting societies collect royalty payments from users of copyrighted works and distribute royalties to copyright owners.

Authors of literary or artistic works as well as holders of related rights enjoy exclusive rights to authorise or prohibit the use of their works. In cases where the rights cannot be enforced vis-à-vis individual members of the public or where individual management would not be appropriate, given the number and type of uses involved, right holders are granted a remuneration right instead. These rights are typically managed by collecting societies.

The underlying idea of collective rights management, whereby copyright and related rights are managed collectively, is widely shared and collecting societies have a key role in all developed countries. Because of historical, legal, economic and cultural diversity among countries, regulation of collecting societies and the markets where they act vary from one country to another. In Europe collecting societies require their members to transfer them exclusive administration rights of all of their works. United States and Canada have less restricting rules as members maintain their rights simultaneously with collecting societies. In the United States, a distinction is made between a copyright collective (which dictates prices and terms for the individual copyright holders it represents) and a collecting society (which allows individual holders to set those terms).[2]

Copyright collecting societies in the European Union usually hold monopolies in their respective national markets.[3] Some countries create a statutory monopoly, while others recognise effective monopolies through regulations.[3] In Austria, the Society of Authors, Composers and Publishers (Gesellschaft der Autoren, Komponisten und Musikverleger, AKM) has a statutory monopoly.[3] German law recognizes GEMA as an effective monopoly, and as such, the burden of proof is on the accused infringer that a work is not managed by GEMA.[3][4]

Societies' tasks

A copyright collective, once established first needs to acquire the right to license from copyright owners, creating as large a collection as possible. This acquisition is guided by the legal regime of the country - some jurisdictions create legal monopolies (Hungary, for example[5]), while de facto monopolies arise in others.[6] Once rights are acquired, the copyright collective then has to collect data of uses of copyrighted works. The processing of this data will enable the copyright collective to discharge its functions, including the detection of unauthorized use, negotiation of licenses, collection of remuneration and distribution of collected remuneration amongst the members of the copyright collective on the basis of collected data.[6] In addition, copyright collectives may dedicate a portion of their collected remuneration towards encouraging creativity in their respective sphere.

Collecting societies can sell blanket licences, which grant the right to perform their catalogue for a period of time. Such a licence might for example provide a broadcaster with a single annual authorisation encompassing thousands of songs owned by thousands of composers, lyricists and publishers. The societies also sell individual licenses for users who reproduce and distribute music. For example, Apple must submit the download reports for the iTunes Store, which are used to determine their royalty payments.

In the U.S. and Canada, when dealing with works that are performed (such as music) these groups are called performance rights organisations or PROs. Other organizations such as artist rights groups license and collect royalties for the reproduction of paintings of living or recently deceased artists whose work has not yet entered the public domain. There are also collectives that collect royalties for copies from magazines and scholarly journals such as Access Copyright in Canada.

See also

References

  1. ↑ Gervais, Daniel (2010). Collective Management of Copyright. Netherlands: Kluwer Law International. p. 6. ISBN 978-90-411-2724-2.
  2. ↑ Landolt, Phillip (2006). Collective Management of Copyright and Related Rights. Kluwer Law International. p. 313. ISBN 9789041123589.
  3. 1 2 3 4 Torremans, Paul (2007). Copyright Law: A Handbook of Contemporary Research. Research Handbooks in Intellectual Property. Cheltenham: Edward Elgar Publishing. p. 263. ISBN 978-1-84542-487-9.
  4. ↑ Urheberrechtswahrnehmungsgesetz (Copyright Administration Act), 9 September 1965
  5. ↑ "The legal monopoly of Hungarian CMO's will be abolished - Kluwer Copyright Blog". Kluwer Copyright Blog. 2011-12-07. Retrieved 2018-04-19.
  6. 1 2 Supra note 1, at p. 7
  • Thomas Gergen: Die Verwertungsgesellschaft VG WORT: Genese und neue Herausforderungen In: Journal on European History of Law, London: STS Science Centre, Vol. 1, No. 2, pp. 14 – 19, (ISSN 2042-6402).
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