Collective management is the exercise of copyright and related rights by organisations known as collective management organisations (CMOs) or collecting societies, which act in the interest and on behalf of the owners of rights and ensure that creators receive payment for the use of their works.
The defendant, the so-called “cooperative of CD co-owners”, abuses the ‘personal use’ exeption under Article 30 of Copyright, together with the three-step-test under Article 29(1) of Copyright Act, while he operates as a covert form of lending company (see previously reported cases concerning cooperatives of CD co-owners, in Kluwer database). The court, as in previous…
The issue of protection of the neighbouring rights of Greek actors in Cyprus has been examined recently by the District Court of Nicosia. The case concerned the broadcasting of Greek movies by a Cypriot broadcasting organization. The collecting society managing the performers rights in Cyprus demanded equitable remuneration for the broadcasting of films on the…
It is a cliché that collecting societies play a significant role in shaping the practice of copyright contracts, however the fact that it is a cliché does not make it less true. Therefore, legal rules concerning collecting societies are of huge interest for copyright lawyers, especially when they are new and offer an uncharted territory…
My first post for the Kluwer Copyright blog will touch upon an issue which over the years has gained increased attention from legislators: how to stimulate the digitization and online availability of the collections held by libraries, museums and other cultural institutions – sometimes referred to as our “common heritage” – and at the same…
