Daniel Gervais (Author of Collective Management Of Copyright And Related Rights)
Collective Management of Copyright and Related Rights
In case of using a large number of copyright works and subject matters of related rights, which is not determined in advance public performances, broadcasting and re-broadcasting by means of radio or television or other communication to the public of non-stage musical works or sound recording or fixation of a performance to a phonogram , the user of a work cannot enter into contact with authors, or subjects of protection of related rights individually, and conclude individual copyright contracts or e. In such a case, the relevant contract may be concluded in the manner that instead of authors or holders of related rights, the contract is concluded by a collective rights management association. According to such a contract, the association shall grant authorizations for the use of all the works that it represents the whole repertoire , distribute remunerations as collected among right holders, according to particular distribution rules, and control the use of the work. The development of the system of collective management of rights has soon caused that, first, the collective management organizations associations in a certain country started representing all the right holders of a particular category, and then, started to enter into relationship with related organizations in various countries through contracts on mutual representation. By integrating into the world related associations e. CISAC for the societies for the protection of musical, literary and visual rights , all of them are finally integrated into global, transnational associations.
Its team of nine lawyers has substantial experience within the copyright sector, focusing on the protection of less conventional objects such as applied arts, elements of software source code, code architecture and graphic interfaces , elements of architecture such as architectural renderings and educational materials text, audio and video , elements of decoration for the beauty industry and elements of interior design. The team regularly assists clients including natural persons and legal entities with the drafting of assignment agreements and the exploitation of the value of their works. It acts before the courts of justice and the Romanian Patent and Trademark Office on behalf of clients including composers, authors and arrangers in matters such as litigation arising from the infringement of copyright, as well as in the prosecution process for obtaining protection. Further, the legislator lists the ways of using the work that must be authorised or, if the case be, forbidden by the author, namely:. However, this general rule concerning the duration of economic rights has some exceptions. Economic rights may be transferred inter vivos by assignment sale contract to third persons only by contract; the Romanian Copyright Law states that in the absence of a written agreement, it is impossible to prove the existence and content of the transfer.
Collective rights management is the licensing of copyright and related rights by organisations acting on behalf of rights owners . Collective management organisations, such as collecting societies , typically represent groups of copyright and related rights owners, such as authors, composers, publishers, writers, photographers, musicians and performers. Collective rights management is almost as old as copyright law itself. Collective rights management through a collecting society first occurred in France in for the use of dramatic and literary works in theatre, attributed to the efforts of Pierre Beaumarchais. Collective rights management through collecting societies typically covers the following exclusive rights granted under copyright law:. The collective management of copyright and related rights is undertaken by various types of collective management organisations, most commonly collecting societies.
Visit Us Contact Us. Collective management is one option within the copyright system that requires or allows rights holders to administer their rights through a Collective Management Organization CMO. Managing copyright and related rights individually may not always be realistic. An author, performer or producer, for instance, cannot contact every single radio station to negotiate licenses and remuneration for the use of their songs. On the other side, it is not practical for a radio station to seek specific permission from every author, performer and producer for the use of each song. CMOs facilitate rights clearance in the interest of both parties and economic reward for rights holders.