Collective rights management
Encyclopedia
Collective rights management is the licensing of copyright and related rights by organizations acting on behalf of rights owners. Collective management organisations, such as collecting societies, typically represent groups of copyright and related rights owners, such as authors, composers, publishers, writers, photographers, musicians and performers.
Other forms of collective management organisations include rights clearance centres. Rights clearance centres are membership based and function like a collecting society, though the individual right owners who are members are directly involved in the negotiation of the royalty rates and other licence terms. So called one-stop shops are a coalition of collecting societies and rights clearance centres offering a centralised source for users to obtain licences. One-stop shops have become popular in response to multi-media productions requiring users to obtain multiple licences for relevant copyright and related rights.
History
Collective rights management is almost as old as copyright law itself. Collective rights management through a collecting society first occurred in France in 1777 for the use of dramatic and literary works in theatre. The first collecting society and collective rights management in music was established in 1850 in France.Types of rights under collective management
Collective rights management through collecting societies typically covers the following exclusive rights granted under copyright law:- the right to public performance, for example when music is played or performed in bars or clubs.
- the right to broadcasting, for example when live or recorded performances are broadcast on radio or television
- the mechanical reproduction rights in recorded music, for example where works are reproduced in recording formats, such as CDs or cassettes
- the performing rights in dramatical works, for example when a theatre plays a work
- the rights of reprographic reproduction of literary and musical works, for example where a book or sheet music are copied using a photocopier
- related rights, for example the rights of performers and producers in recorded music when used in broadcasts
Collective Management Organizations
The collective management of copyright and related rights is undertaken by various types of collective management organisations, most commonly collecting societies. Collecting societies act on behalf of their members, which may be authors or performers, and issue copyright licenses to users authorising the use of the works of their members. Collecting societies negotiate the royalty rates and other licence terms on behalf of their members and collect royalty payment on behalf of their members. Royalties are distributed by the collecting society to relevant members, who as individual right owners are not directly involved in the negotiation of the licence.Other forms of collective management organisations include rights clearance centres. Rights clearance centres are membership based and function like a collecting society, though the individual right owners who are members are directly involved in the negotiation of the royalty rates and other licence terms. So called one-stop shops are a coalition of collecting societies and rights clearance centres offering a centralised source for users to obtain licences. One-stop shops have become popular in response to multi-media productions requiring users to obtain multiple licences for relevant copyright and related rights.
See also
- Extended Collective LicensingExtended collective licensingExtended collective licensing are collective copyright and related rights laws and licensing agreements. ECL agreements by law extend to rights owners who are not members of the collecting society agreeing the licence with a user...
- Private copying levyPrivate copying levyA private copying levy is a government-mandated scheme in which a special tax or levy is charged on purchases of recordable media. Such taxes are in place in various countries and the income is typically allocated to the developers of "content"...
- Voluntary Collective LicensingVoluntary Collective LicensingVCL is the framework by which most Reproduction Rights Organisations in the English speaking world operate. In voluntary collective licensing, the RRO issues licenses to copy protected material on behalf of those rights holders who have given it a mandate to act on their behalf...
- Association of European Performers' OrganisationsAssociation of European Performers' OrganisationsThe Association of European Performers' Organisations AEPO-ARTIS unites 28 collective management organisations for performers operating in 21 European countries, and represents them at European level. It is a non-profit making organisation....