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Category: collective management

RMLC and TMLC on collective rights management rules review

The producers and syndicators of programming obtain and license to the stations with which they contract all of the copyright and other rights necessary to broadcast the programming (including those for creative inputs such as a script, choreography, acting and directing), with the sole exception of the non-dramatic public performance rights to the copyrighted music therein.

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Russian authors’ society filed suit against music festival Nashestvie for missing royalties

Russian authors’ society, the Russian collective management organisation, having state accreditation for collection and distribution of royalties for public performance right in offline environment, has filed a suit against organizer of music festival Nashestvie 2018 for unpaid royalties.

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Sony/ATV music publishing on collective rights management rules review

Sony/ATV respectfully submits that the Consent Decrees should clarify, whether by amendment or otherwise, that each copyright owner (i.e., a music publisher) may, in its discretion, designate particular types of users or uses that the owner will authorize ASCAP or BMI (as the case may be) to include in their respective collective licenses, with the copyright owners exclusively reserving the right for themselves to license such rights to all other users or uses. ASCAP and BMI also should be required, on a nondiscriminatory basis, to accept these limited grants of public performance rights from copyright owners.

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SWD IA on EU copyright modernisation – impacts of second option for out-of-commerce works in the collections of cultural heritage institutions

EU legislative intervention (i) requiring MS to put in place legal mechanisms to facilitate collective licensing agreements for all types of OoC works and to foster national stakeholder frameworks, and (ii) giving cross-border effect to such legal mechanisms.

Under Option 2, the presence of legal frameworks everywhere in the EU that allow for licences issued by CMOs to also cover the rights of outsiders would give CHIs the possibility to see their related transaction costs diminish considerably everywhere in the EU for the digitisation and dissemination of works. This would apply to all types of works. Under this option, it would be possible for the CHI to reduce that cost to the one of negotiating a single licence with a CMO. Licences concluded on the basis of such legal frameworks could have cross-border effect for all works too.

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SWD IA on EU copyright modernisation – impacts of first option for out-of-commerce works in the collections of cultural heritage institutions

EU legislative intervention (i) requiring MS to put in place legal mechanisms to facilitate collective licensing agreements for OoC books and learned journals and to foster national stakeholder frameworks for these and other works, and (ii) giving cross-border effect to such legal mechanisms.

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Andrey Krichevsky, CEO of Russian accredited CMO, about collective management in Russia

Andrey Krichevsky gave to Russian media house “Kommersant” interview. During the conversation with journalist he explained his position and vision of collective management in Russia, his experience and perspectives in development of music business in generally. Below are his main thoughts, and, believe, they have been translated very correctly.

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SWD IA on EU copyright modernisation – out-of-commerce works in the collections of cultural heritage institutions

Digitisation and dissemination of out-of-commerce works held by cultural heritage institutions, including across borders, in ‘mass digitisation’ projects, is adversely affected by difficulties in clearing rights. The digitisation and dissemination of in-copyright OoC works as part of ‘mass digitisation’ efforts is however faced by distinct difficulties and high transaction costs for clearing the relevant rights. This problem contrasts with the inherently low current commercial value of the works at stake.

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SWD IA on EU copyright modernisation – impacts of second option for digital retransmission

Mandatory collective management of rights to retransmission of TV / radio broadcasts by means of any retransmission services, irrespective of the retransmission technology or network used, as long as they are provided to a defined number of users (subscribers, registered users)

Option 2 would enhance the level of legal certainty for the benefit of a wide range of retransmission services – IPTV, OTT, satellite, DTT, mobile – and can be expected to both (i) contribute to a greater variety of such services and (ii) provide an incentive to the retransmission service providers to expand the range of TV / radio channels offered to their subscribers.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: double payments in cross-border sales and the liability to pay levies

Levies should only be collected once in cross-border transactions, namely in the country of destination. Unfortunately, this is not always the case. Far too often, there are instances of double payments. Most Member States try to mitigate the problem by providing for systems that allow entities that have already paid the levy for a certain product in e.g. Member State A to be reimbursed upon the exportation of that product into Member State B.

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