Collective management

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.

Case Law, CDSM Directive, CJEU, Collective management, Communication (right of), Design Rights, Digital Single Market, Enforcement, European Union, Liability, NFTs, Round-up

(University College London) and (Institute for Information Law (IViR))/ /Leave a comment

Welcome to the fourth (and last) trimester of the 2022 round up of EU copyright law (even though slightly overdue)! While in the last three months of 2022 the CJEU was relatively quiet, the various EU policymakers have been very productive. In this series, we update readers every three months on developments in EU copyright…

CDSM Directive, Collective management, Digital Single Market, Italy, Legislative process, Press Publishers ’ Right

(Scuola Superiore Sant'Anna) and (University of Alicante and Scuola Superiore Sant'Anna)/ /Leave a comment

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). Aimed at ensuring remuneration for publishers when their publications are reused online by news aggregators, Article 15 grants press publishers the right of reproduction and the right of making available for…

Case Law, Collective management, Remuneration (equitable), Spain

(Associated Professor UOC)/ /1 Comment

Judgment nº208/2021 of Madrid Commercial Court nº16 (December 20th, 2021) Context and facts This case concerns a dispute between the collecting management organisation CEDRO[1] and GOOGLE DISCOVER for non-payment of fair compensation for the limitation established in article 32.2 (now abrogated by the implementation of the CDSM Directive[2]) of the Spanish Copyright Act (SCA) between…

Collective management, Conference, Cyprus, European Union, Exceptions and Limitations, Exhaustion

(Scuola Superiore Sant'Anna)/ /Leave a comment

A conference jointly organized by the Department of Law of the University of Cyprus and the H2020 project reCreating Europe – Nicosia, 31 October – 1 November 2022     The University of Cyprus, together with the Horizon 2020 project reCreating Europe, funded by the European Commission, is conveying the conference “Rethinking copyright flexibilities”. The…

Collective management, Communication (right of), Reimbursement, Reproduction (right of)

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles)/ /2 Comments

As a matter of principle, the exercise of the exclusive rights under copyright is the author’s individual prerogative:  it is the author who decides whether they wish to authorize the reproduction or communication to the public of their works (the same goes for the performer, the producers, the broadcaster or the news publisher).  Exceptionally, copyright…

Collective management, Damages, Germany, Injunction, Jurisdiction, Liability, Remuneration (equitable)

(NORDEMANN)/ /Leave a comment

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here, here and here.         VII. Copyright contract law (Sections 31 et seqq. UrhG) Right of remuneration (Sections 32 et seqq. UrhG) German copyright law stipulates…

Collective management, Exhaustion, NFTs, Ownership

(University of Szeged, Hungary), , (Institute for Information Law (IViR)), and (Institute for Information Law (IViR) )/ /5 Comments

Part I of this post introduced the recent emergence of Non-Fungible Tokens (NFTs), explained their basic characteristics and what they can represent. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.   Where Copyright Law meets Blockchain As anticipated by the examples in Part I…

Collective management, European Union

(Boehmert & Boehmert)/ /Leave a comment

The legislative agenda of the past two decades – both in Europe and further afield – has been about adapting copyright to the requirements of the information society. The administrative means to make use of those new opportunities by licensing at the right source and allocating revenues to the right recipients, in a world of…

Case Law, Collective management, Estonia

(Palladium Attorneys at Law)/ /Leave a comment

The Estonian Authors’ Society (EAÜ) sued Tallinn Concert Club OÜ and Worex Music OÜ, who jointly organised two public concerts but did not acquire licences for the public performance of copyrighted works. The court satisfied the claim in full and emphasised that the author cannot exercise his or her rights (therefore cannot legally waive his…

CDSM Directive, Collective management, Digital Single Market, European Union, Legislative process

(University of Cyprus)/ /Leave a comment

Part I of this blogpost was dedicated to the background which led to Articles 8-11 of the CDSM and to the concept of out of commerce works. Part II critically overviews the core of the mechanisms established by the Directive. The dual regime of the Directive The crux of the provisions certainly lies in the…