Collective Agreements for the Clearance of Copyrights – The Case of Collective Management and Extended Collective Licenses

Jens Hemmingsen Schovsbo; Thomas Riis; Ole-Andreas Rognstad

Collective Agreements for the Clearance of Copyrights – The Case of Collective Management and Extended Collective Licenses

Jens Hemmingsen Schovsbo, Thomas Riis, Ole-Andreas Rognstad

CIIR - Center for Informations- og innovationsret

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.

Originalsprog	Engelsk
Antal sider	15
Status	Udgivet - 2016

Adgang til dokumentet

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1535230

Citationsformater

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N1 - Optaget til offentliggørelse i T Riis (red.) User Generated Law. Reconstructing Intellectual Property Law in a Knowledge Society, Edward Elgar 2016 (kommende). Lagt på http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1535230

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N2 - 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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