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

University of Copenhagen Faculty of Law Research Paper No. 2016-16

16 Pages Posted: 15 Apr 2016 Last revised: 11 May 2016

See all articles by Thomas Riis

Thomas Riis

University of Copenhagen - Faculty of Law

Ole Andreas Rognstad

University of Oslo

Jens Schovsbo

Centre for Information and Innovation Law (CIIR)

Date Written: April 13, 2016

Abstract

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.

Suggested Citation

Riis, Thomas and Rognstad, Ole Andreas and Schovsbo, Jens, Collective Agreements for the Clearance of Copyrights – The Case of Collective Management and Extended Collective Licenses (April 13, 2016). To appear in Thomas Riis (ed.) User Generated Law. Reconstructing Intellectual Property Law in a Knowledge Society, Edward Elgar, 2016, University of Copenhagen Faculty of Law Research Paper No. 2016-16, Available at SSRN: https://ssrn.com/abstract=2764192

Thomas Riis

University of Copenhagen - Faculty of Law ( email )

Karen Blixens Plads 16
Studiestrade 6
København S, 2300
Denmark

Ole Andreas Rognstad

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

Jens Schovsbo (Contact Author)

Centre for Information and Innovation Law (CIIR) ( email )

University of Copenhagen
Karen Blixens Plads 16
Copenhagen, 2300
Denmark

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