By Cláudio Lucena
This publication begins with an workout, presenting a theoretical mirrored image at the technological course that, over the years, has reworked the methods we produce, devour and deal with highbrow content material topic to copyright defense. This lays the basis for an additional research of the most felony elements of the hot ecu Directive, its advancements, its traits and its issues of controversy, with unique and extra concrete consciousness to the way it proposes to deal with the problems of festival, transparency and multi-territorial licensing.
Digital applied sciences, networks and verbal exchange have boosted the creation and distribution of highbrow content material. those actions are in line with a renewable and limitless source – creativity – which turns this content material into strategic creative, cultural, social, financial and informational resources. coping with the rights and duties that emerge during this approach hasn't ever been a simple job; coping with them jointly, that is generally the case, provides much more complexity.
The eu Directive on collective administration of copyright and comparable rights and multi-territorial licensing of rights in musical works for on-line use within the inner industry is a coverage initiative that seeks to set up an enough felony framework for the collective administration of authors’ rights in a electronic setting, spotting this target as the most important to attaining a completely built-in unmarried marketplace. a part of the electronic schedule for Europe, it truly is an attempt to advertise simplification and to reinforce the potency of collective rights administration by way of tackling 3 of the most concerns which are presently undermining the company version of gathering societies: pageant, transparency and multi-territorial licensing.
The publication is meant to help scholars, teachers and practitioners by means of bettering their normal and felony grab of those phenomena, whereas additionally encouraging their collaboration with policymakers and different events within the ongoing job of transposing the Directive into concrete nationwide legislation.
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Extra resources for Collective Rights and Digital Content: The Legal Framework for Competition, Transparency and Multi-territorial Licensing of the New European Directive on Collective Rights Management
It has always been that way, but it need not continue to be so in a digital economy. The reason is simple: in a world of networked and collaborative technologies, in the era of analytics, when content flows one way, information flows back the other way around. It is in the very nature of electronic transactions the fact 18 19 Hargreaves (2011). , p. 35. 28 4 Collective Rights Management that they are recordable, storable, identiﬁable, and traceable. And information is all that is needed to reconﬁgure this aspect of collecting rights so that it can respond better to the personal needs of rightholders.
According to Hargreaves, another concern regarding competition law in the operation of collecting societies is that they manage what can be considered, at least for licensees, a regulatory cost, in a transaction where licensees do not enjoy the same protective framework, for example, of consumers in a similar circumstance (Hargreaves 2011, Prof Ian (May 2011). Digital Opportunity— A Review of Intellectual Property and Growth. UK Intellectual Property Ofﬁce. p. 36). 12 26 4 Collective Rights Management bureaucratic paperwork.
8 In Tournier9 the Court held that a copyright management society that happens to be in a dominant position “imposes unfair trading conditions where the royalties which it charges to discothèques are appreciably higher than those charged in other Member States, the rates being compared on a consistent basis”, unless objective grounds of distinctions in copyright management systems between Member States are able to justify the charge differences. A Commission Recommendation on the management of online rights in musical works10 from 2005, having recognized that a 8 Case 7/82, GVL v.
Collective Rights and Digital Content: The Legal Framework for Competition, Transparency and Multi-territorial Licensing of the New European Directive on Collective Rights Management by Cláudio Lucena