Collective Management of Copyright and Related Rights 2nd Edition


Collective Management of Copyright and Related Rights 2nd Edition

Edited by Prof Daniel Gervais
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Kluwer Law International
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In the course of the last decade, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. This book, an extensively revised and updated edition of the only major work on the legal status of CMOs, offers an in-depth analysis of the various operating CMO models, their rights and obligations vis-à-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2005 edition, and a new chapter on multiterritorial licensing has been added.

Factors considered include the following:

• role of ‘families’ such as the International Confederation of Societies of Authors and Composers (CISAC) and the International Federation of Reproduction Rights Organizations (IFRRO);

• cases where the unavailability of adequate licensing options makes authorized use impossible;

• growing importance of extended repertoire systems (also known as extended collective licensing);

• relationship among collective management, rights to remuneration, and the ways in which CMOs acquire authority to license;

• transnational licensing and the possible role of multi-territorial licensing; and

• threat of monopolies or regional oligopolies for the management of online music rights.

Legal underpinnings covered in the course of the analysis include the 1996 WIPO Copyright Treaties, the US Digital Millennium Copyright Act, the Napster case, the Santiago Agreement, relevant EU Papers and the Copyright Directive, and work done by the UN Committee on Economic, Social and Cultural Rights.

Part I presents a number of horizontal issues that affect collective management in almost every country. Part II is divided on a geographical basis, focusing on systems representative of the principal models applied in various countries and regions. Each countryspecific or region-specific chapter provides a historical overview and a presentation of existing CMOs and their activities, gives financial information where available, describes how CMOs are supervised or controlled by legislation, and offers thoughts about the challenges facing CMOs in the country or region concerned. Many of these national and regional commentaries are the only such information sources available in English.

Whatever the future of copyright holds, it is clear that users will continue to want access and the ability to reuse material lawfully, and authors and other rightsholders will want to ensure that they can put some reasonable limits on those uses. CMOs are sure to be critical intermediaries in this process. The second edition of this important resource, with its key insights into the changing nature of collective management, will be of immeasurable value to all concerned with shaping policy towards collective management or working with the ever more complex legal issues arising in digital age copyright matters.

ISBN: 9789041127242
Pages: 528
SKU: 9041127240
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Introduction Chapter 1 Collective Management of Copyright: Theory and Practice in the Digital Age Daniel Gervais Chapter 2 Collective Management of Copyright and Related Rights from the Viewpoint of International Norms and the Acquis Communautaire Dr Mihály Ficsor Chapter 3 Collective Management of Copyrights and Human Rights: An Uneasy Alliance Revisited Prof. Laurence R. Helfer Chapter 4 Multi-territorial Licensing and the Evolving Role of Collective Management Organizations Tanya Woods Chapter 5 Collective Management in the European Union Lucie Guibault and Stef van Gompel Chapter 6 Collective Management in France Nathalie Piaskowski Chapter 7 Collective Rights Management in Germany Prof. Dr Jörg Reinbothe Chapter 8 Collective Management in the United Kingdom (and Ireland) Prof. Dr Paul L.C. Torremans Chapter 9 Collective Management in the Nordic Countries Tarja Koskinen-Olsson Chapter 10 Collective Management in Commonwealth Jurisdictions: Comparing Canada with Australia Mario Bouchard Chapter 11 Copyright Collectives and Collecting Societies: The United States Experience Glynn Lunney Chapter 12 Collective Management of Copyright and Neighbouring Rights in Japan Koji Okumura Chapter 13 Collective Management in Asia Ang Kwee-Tiang Chapter 14 Collective Management of Copyright in Latin America Karina Correa Pereira

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