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This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
In the course of the last two decades, 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. However, they have also been at the centre of debates about their efficiency, their transparency and their governance. This book, an extensively revised and updated edition of the 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 2010 edition. New chapters on Africa, China, Central Europe and New Zealand (together with Australia, which is no longer discussed in the separate chapter on Canada) have 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 adequating options makes authorized use difficult or impossible taking transaction costs into account; • 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 2014 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 country specific 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 rights holders will want to ensure that they can put some reasonable limits on those uses, including an ability to monetize commercially relevant 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.
WIPO commissioned this publication - with the support of the Norwegian Copyright Development Association (Norcode) - to be used as reference material in various training activities on collective management.
The WIPO Good Practice Toolkit for Collective Management Organizations (CMOs) brings together examples of legislation, regulation and codes of conduct in the area of collective management from around the world. Member states and other stakeholders may use relevant parts of the document to help them design an approach suitable for their particular context. Note - The Toolkit is not a normative document. The first version of the Toolkit was published in 2018. The current version was published in September 2021, and reflects the submissions received from WIPO Member States and other stakeholders throughout the consultation process in 2021.
We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
Managing Copyright brings together prominent contributors in a collection of academic papers as well as business oriented reports which encompasses our current knowledge in the field of collective management of authors’ and related rights. This volume, published in cooperation with the Association littéraire et artistique internationale, is an output of the 2019 ALAI Congress held in Prague where scholars and practitioners met to discuss outstanding issues related to collective management. In the book, the reader finds large studies by well-known copyright scholars (Gervais, Drexl, Nérisson, Synodinou, Ficsor, Axhamn and others) and reports on every issue in this highly dynamic field of copyright law. The book is essential for policy makers, scholars and practitioners in the field of collective management of copyright and neighbouring rights around the globe if they want to keep pace with the new developments in the field. Features: · Extensive report on dozens of national laws on collective management of rights · Conflict of laws, the music industry and collective management · European and global comparison of different national regulatory approaches · Reports on experience and transposition of the EU Collective Management Directive · Presentation of alternative models of copyright management, independent management entities and beyond · Reciprocal agreements between collective management organizations · Regulation of competition in the copyright administration · Territoriality, cyberspace, metadata, geoblocking and digital content portability · Tariff litigation · Outline of future policy development (WIPO, EU and individual countries) Benefits: · Getting informed about current research problems, policy considerations and regulatory challenges in collective management · Overview of national legislations from dozens of countries and all continents · Combination of scholarly studies and business-oriented reports from the industry insiders
This Study presents special features of the copyright laws and institutions of countries in transition and aims to help with modernizing the laws on copyright and neighboring rights, adapting them to an appropriate interpretation of the existing conventions and to the newly emerging international standards by eliminating the elements of the laws which followed from the centrally-planned, collectivist systems. The goal is to appropriately reflect the legitimate interests of employers and producers, making the enforcement more efficient and eliminating over-regulation.
This Portfolio serves as a catalogue of all the training opportunities to be offered by the WIPO Academy in 2023 and outlines the content of each course. It gives information to potential participants on eligibility criteria, application formalities, timelines, selection procedures, travel and other relevant necessary information.
This Portfolio serves as a catalog of all the training opportunities to be offered by the WIPO Academy in 2019 and outlines the content of each course. It gives information to potential participants on eligibility criteria, application formalities, timelines, selection procedures, travel and other relevant necessary information.