Collective Management of Copyrights Between Competition, Regulation and Monopolism PDF Download

Author: Martin Miernicki
Publisher:
ISBN: 9783708916637
Category :
Languages : de
Pages :

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Book Description

Author: Jorg Sladic
Publisher:
ISBN:
Category :
Languages : en
Pages : 14

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Book Description
Copyright is an absolute intellectual property right. Historically it is of territorial nature. One of the central issues of copyright is the remuneration of authors. A copyright confers to its holder a legal monopoly comprising certain economic rights that are granted for pecuniary consideration. The economically most efficient way of management of copyright's pecuniary consideration is the collective management. However, collective management covers due to territorial nature of copyright only territory of a certain state. In competition law that might be considered as a monopoly by collecting societies limited to borders of states, in other words there are issues of a possible abuse of a dominant position.

Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 32

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Book Description
An introduction to the economic theory surrounding collective management of copyright

Author: Mihály Ficsor
Publisher: WIPO
ISBN: 9280511033
Category : Law
Languages : en
Pages : 167

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Book Description
In this book the rationale and functions of collective management and other systems of joint exercise of rights are presented.

Author: Kung-Chung Liu
Publisher: Springer
ISBN: 3662538091
Category : Law
Languages : en
Pages : 331

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Book Description
This book evaluates existing and explores new mechanisms for the adequate payment of copyright owners for the use of their works. The underlying assumption is that adequate rewards to creators and subsequent right holders will continue to be a goal of copyright law (particularly to incentivize further creation and investment). In the search for viable methods it first focuses on the reduction of transaction costs and the role of new technologies. It also discusses the further development and broader application of new mechanisms that might be necessary to enhance the adequacy and efficiency of payment systems, since the more onerous payment systems are, the more irrelevant copyright risks become due to lack of acceptance, and the less likely both are to fulfill their functions.

Author: Sebastian Felix Schwemer
Publisher: Cambridge University Press
ISBN: 1108475779
Category : Law
Languages : en
Pages : 307

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Book Description
Explores the complex European regulatory landscape for multi-territorial access to and licensing of copyrighted works such as music and audiovisual works.

Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280508970
Category : Law
Languages : en
Pages : 12

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Book Description

Author: Desmond Osaretin Oriakhogba
Publisher:
ISBN: 9781485137702
Category :
Languages : en
Pages : 294

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Book Description
Copyright, Collective Management Organisations and Competition in Africa discusses the operation of collective management organisations (CMOs) and their regulation from the perspectives of copyright and competition law in Africa. It addresses contemporary issues relating to collective management of copyright from an African perspective. It also reflects on, and projects, the experiences of key national jurisdictions, upon which regional policymakers can rely to formulate guidelines or a regulation regime for CMOs in Africa. Importantly, the book unpacks the complexities around the nexus between copyright CMOs and competition in Africa and presents the issues in a simple structure and easily comprehensible language. Copyright and competition law regulators and enforcers, academics, researchers and students, judges, and those tasked with formulating law and policy on collective management of copyright in Africa will find the book to be an indispensable resource and reference material.

Author: Qinqing Xu
Publisher: Taylor & Francis
ISBN: 100086720X
Category : Law
Languages : en
Pages : 204

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Book Description
Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.

Author: Martin Kretschmer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Copyright Collecting Societies have proliferated, with more than 150 organisations now collecting and distributing licensing fees for rights in music, literary, audio-visual and graphic works within the European Union. From the perspective of Competition Law, collecting societies may be viewed as price-fixing cartels under Art. 81 EC, and as vulnerable to challenges under Art. 82 EC (i.e. abusing a dominant position as the sole provider of a management infrastructure to right holders, and as the only supplier of licences to copyright users). Yet, collective administration of copyright has important policy benefits: (i) From a user perspective, collecting societies may offer a single point licence providing easy and wide access to copyright protected contents. This can be a solution to innovation issues in an information society where major right holders otherwise may dictate problematic terms. (ii) Creators at the margins of commercial viability have access to a mechanism of collective bargaining against major rights exploiters, such as publishers, record labels and broadcasters. This may support a culturally diverse society. This article develops principles for regulating the collective management of copyrights from a critique of EC competition jurisprudence.