Keynote: The Landscape of Collective Management Schemes

28 Pages Posted: 22 Oct 2011 Last revised: 7 Dec 2011

See all articles by Daniel J. Gervais

Daniel J. Gervais

Vanderbilt University - Law School

Date Written: October 20, 2011


This paper, based on a keynote talk at Columbia Law School, reviews the nature of collective management organizations (CMOs), their regulation, in particular the difference in the US regulatory regimes for performing rights organizations (PROs), digital transmissions of sound recordings and reprography. The paper reviews the incoherent rate-setting processes under consent decrees and sections 112 and 114 of the US Copyright Act. The paper also considers the role that CMOs can and should play in empowering new business models and modes of access to online material.

Keywords: CMOs, collective management, ASCAP, BMI, SoundExchange, consent decrees, antitrust, digital copyright

JEL Classification: K21, K30

Suggested Citation

Gervais, Daniel J., Keynote: The Landscape of Collective Management Schemes (October 20, 2011). Columbia Journal of Law & the Arts, Vol. 34, No. 4, 2011; Vanderbilt Law and Economics Research Paper No. 11-46. Available at SSRN:

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

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