- Elgar Commentaries series
Edited by Irini A. Stamatoudi and Paul Torremans
Chapter 14: COLLECTIVE RIGHTS MANAGEMENT DIRECTIVE
Collective management organisations play an essential role in enabling the mass dissemination of content that is protected by copyright and related rights within Europe and beyond, especially when such dissemination takes place over the internet. Whether it is through commercial content delivery services, through cultural heritage institutions in pursuit of their public mission, or through any other type of legitimate service, works are nowadays typically made accessible beyond the boundaries of a single territory. The need for multiterritorial licensing that spans the entire European territory is more acute than ever. The absence of EU-wide copyright licenses has been one factor that has made it difficult for new internet-based music services to develop their full potential. Rights clearance for the exploitation of non-domestic repertoire must therefore be facilitated asmuch as possible. Since a significant portion of royalty collections in collective management organisations derives from the nondomestic repertoire, the facilitation of multi-territorial licensing of online music rights goes hand in hand with the establishment of a coherent system of collective rights management as a whole. The role and functioning of collective management organisations in the exploitation of copyright protected works in Europe therefore stands under the close scrutiny of European lawmakers and stakeholders with a view to developing solutions for the licensing of the aggregate repertoire of works administered by all European societies.
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