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EU COPYRIGHT LAW

A Commentary

IRINI STAMATOUDI, PAUL TORREMANS

This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
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Chapter 14: THE COLLECTIVE RIGHTS MANAGEMENT DIRECTIVE

Lucie Guibault and Updated by Sabine Jacques

Extract

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 multi-territorial licensing that spans the entire European territory is more acute than ever. The absence of EU-wide copyright licences 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 as much as possible. Since a significant portion of royalty collections in collective management organisations derives from the non-domestic 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. The creation at the European level of a level playing field for collective management organisations has been for a long time an item on the European Commission’s agenda,

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