Collective Agreements for the Clearance of Copyrights – The Case of Collective Management and Extended Collective Licenses
To appear in Thomas Riis (ed.) User Generated Law. Reconstructing Intellectual Property Law in a Knowledge Society, Edward Elgar, 2016
16 Pages Posted: 15 Apr 2016 Last revised: 11 May 2016
Date Written: April 13, 2016
This contribution analyses and discusses the use of collective management organizations (CMOs) in copyright. More concretely, it examines the use and effects of extended collective licenses (ECL). This model of rights management has been developed in the Nordic countries and has for some time been hailed as a promising tool to solve some of copyright’s problems relating to mass uses of works. It is pointed out how ECL builds on users generated rights managements structures (CMOs) but owes its specific effectiveness to a legislator’s willingness to provide a third-party effect of the collective agreements entered into by representative CMOs. In the final part some of the challenges to ECLs arising from internationalisation and individualisation are identified and discussed. The article is part of a research project on “User Generated Law” and uses the methodologies developed as part of this.
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