In its Notice to stakeholders: withdrawal of the United Kingdom and EU rules in the field of copyright of March 2018, the European Commission indicated that one of the effects of the UK’s withdrawal from the EU is likely to be a reduced degree of reciprocity in the way collective management organisations operate. This article analyses reactions and current collaborative efforts produced by industry stakeholders facing an uncertain legal framework in the field of collective management of music copyright.
Reviews the Commission's Communication on the Management of Copyright and Related Rights in the Internal Market including proposals on an EU wide licence, digital rights management, individual and collective rights management, copyright, competition and external supervision. Assesses responses to the Communication on the territoriality principle, the EU wide licence, digital rights management, competition law, dispute resolution, external supervision and transparency.
Comments on the EU Commission decision on the competition issues raised by the CISAC model contract for reciprocal representation agreements between copyright collecting societies to license public performance rights. Considers how the relevant product market and geographical markets for music licensing have changed because of the rise of digital media. Discusses the implications for cultural diversity, if collecting societies turn away from reciprocal representation and use an exclusive mandate model instead.
Reviews the responses to the European Commission consultation on proposals to exploit the potential of digital music distribution by reforming collective cross border management of copyright. Highlights areas of consensus, concerns over the basis on which the Commission identified the present system's inequalities and the responses relating to the use of blanket agreements, competition among collecting societies and the factors neglected by the study. Details the Commission's responses in its October 2005 Recommendation on Collective Cross-Border Management of Copyright and Related Rights for Legitimate Online Music Services, including those relating to transparency, royalty distribution and the avoidance of discrimination among rights holders.
Describes the progress of the European Commission's programme to promote the collective cross-border management of copyright in online music and facilitate the development of a legitimate downloading market in Europe. Reports on four platforms for collective licensing of rights which have emerged since 2005 and affected the collecting societies' methods of doing business. Summarises the Commission's review of market developments and discusses how the problems which remain could be resolved.
Examines the European Commission's ideas on reforming the collective management of intellectual property rights, in particular cross border licensing, as stated in its July 2005 Study on Community Initiative on the Cross Border Collective Management of Copyright. Reviews those aspects of the existing regime and changing commercial climate that prompted the Commission's review. Discusses the study's introductory points in respect of online music services and bilateral agreements and its resulting proposals in respect of three possible policy directions, and evaluates the likely practical implications of the Commission's approach.