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Day: 20 October 2017

When the court sets the royalty rate, applied to the user of collective management organisation, lower than requested by CMO, does it infringe CMO’s property rights?

The CMO, SIA AKKA/LAA, complained to the European Court of Human Rights that the domestic courts had restricted the copyright of authors whose musical works were collectively managed by the CMO. They complained, in particular, that as a result of the domestic proceedings in which the domestic courts had ordered the CMO to conclude licence agreements with broadcasting organisations and had set a royalty rate, the authors’ exclusive rights to freely conclude licence agreements for the use of their musical works had been restricted, contrary to Article 1 of protocol No. 1of the Convention of Human Rights.

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