Collective Copyright Management and Digitization: The European Experience

Handbook on the Digital Creative Economy / Ruth Towse and Christian Handke (eds.), Cheltenham: Edward Elgar, 2013, pp. 222-234

Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 13-09

20 Pages Posted: 16 Apr 2013 Last revised: 25 Feb 2015

Reto Hilty

Max Planck Institute for Innovation and Competition; University of Zurich; Ludwig Maximilian University of Munich

Sylvie Nérisson

Max Planck Institute for Innovation and Competition

Date Written: February 18, 2013

Abstract

This chapter gives an overview of the impact of digitization on the current activities of Collective Management Organizations and provides perspectives on the future of collective rights management in Europe.

First, an introduction shows how the traditional system works, namely, by limiting the freedom of contract of right holders and users on the one hand and by transforming the exclusive rights into an entitlement to remuneration for use on the other.

The second section presents the turning point of the legal framework applicable to CRMOs on the European level, a move initiated by two of the Commission's DGs (Directorates General): Internal Market and Services (DG Market) and Competition (DG Comp).

The third section will examine the current state of collective rights management in the music and visual domains.

The chapter ends with the conclusion that the collective rights management system is currently adapting to digitization notwithstanding the interventions by DG Market, especially in the music sector. In fact, the availability of copyrighted works will heavily rely on collective rights management in the future as well - if not more than ever.

Keywords: Copyright, collective rights administration, collecting societies, Europe, online rights, licensing

Suggested Citation

Hilty, Reto and Nérisson, Sylvie, Collective Copyright Management and Digitization: The European Experience (February 18, 2013). Handbook on the Digital Creative Economy / Ruth Towse and Christian Handke (eds.), Cheltenham: Edward Elgar, 2013, pp. 222-234; Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 13-09. Available at SSRN: https://ssrn.com/abstract=2247870

Reto Hilty

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, 80539
Germany

HOME PAGE: http://www.ip.mpg.de

University of Zurich

Rämistrasse 74/7
Zürich, CH-8001
Switzerland

Ludwig Maximilian University of Munich

Munich, 80539
Germany

Sylvie Nérisson (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, 80539
Germany

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