Copyright collective
Encyclopedia
A copyright collective (also known as a copyright collecting agency, licensing agency or copyright collecting society) is a body created by copyright law or private agreement which engages in collective rights management
. Collecting societies have the authority to license
copyrighted works and collect royalties as part of compulsory licensing or individual licences negotiated on behalf of its members. Collecting societies collect royalty payments from users of copyrighted works and distribute royalties to copyright owners.
Authors of literary or artistic works as well as holders of related rights enjoy exclusive rights to authorise or prohibit the use of their works. In cases where the rights cannot be enforced vis-à-vis individual members of the public or where individual management would not be appropriate, given the number and type of uses involved, right holders are granted a remuneration right instead. These rights are typically managed by collecting societies.
The underlying idea of collective rights management, whereby copyright and related rights are managed collectively, is widely shared and collecting societies have a key role in all developed countries. Because of historical, legal, economic and cultural diversity among countries, regulation of collecting societies and the markets where they act vary from one country to another. In Europe collecting societies require their members to transfer them exclusive administration rights of all of their works. United States and Canada have less restricting rules as members maintain their rights simultaneously with collecting societies.
Collecting societies sell blanket licences, which grant the right to perform their catalogue for a period of time. Such a licence might for example provide a broadcaster with a single annual authorisation encompassing thousands of songs owned by thousands of composers, lyricists and publishers. The societies also sell individual licenses for users who reproduce and distribute music. For example, Apple
must submit the download reports for the iTunes Music Store, which are used to determine their royalty payments.
In the U.S.
and Canada
, when dealing with works that are performed (such as music) these groups are called performance rights organisation
s or PROs. Other organizations such as artist rights groups license and collect royalties for the reproduction of paintings of living or recently deceased artists whose work has not yet entered the public domain
. There are also collectives that collect royalties for copies from magazines and scholarly journals such as Access Copyright
in Canada.
Copyright collection societies (category)
Collective rights management
Collective rights management is the licensing of copyright and related rights by organizations 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,...
. Collecting societies have the authority to license
License
The verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
copyrighted works and collect royalties as part of compulsory licensing or individual licences negotiated on behalf of its members. Collecting societies collect royalty payments from users of copyrighted works and distribute royalties to copyright owners.
Authors of literary or artistic works as well as holders of related rights enjoy exclusive rights to authorise or prohibit the use of their works. In cases where the rights cannot be enforced vis-à-vis individual members of the public or where individual management would not be appropriate, given the number and type of uses involved, right holders are granted a remuneration right instead. These rights are typically managed by collecting societies.
The underlying idea of collective rights management, whereby copyright and related rights are managed collectively, is widely shared and collecting societies have a key role in all developed countries. Because of historical, legal, economic and cultural diversity among countries, regulation of collecting societies and the markets where they act vary from one country to another. In Europe collecting societies require their members to transfer them exclusive administration rights of all of their works. United States and Canada have less restricting rules as members maintain their rights simultaneously with collecting societies.
Societies' tasks
Collecting societies are effectively an organization handling the outsourced function of right management. Right owners transfer to collecting society rights to: 1) sell non-exclusive licenses; 2) collect royalties 3) distribute collected royalties 4) enter into reciprocal arrangements with other collecting societies 5) enforce their rights. Collecting societies also negotiate license fees for public performance and reproduction and act as lobbying interests groups.Collecting societies sell blanket licences, which grant the right to perform their catalogue for a period of time. Such a licence might for example provide a broadcaster with a single annual authorisation encompassing thousands of songs owned by thousands of composers, lyricists and publishers. The societies also sell individual licenses for users who reproduce and distribute music. For example, Apple
Apple Computer
Apple Inc. is an American multinational corporation that designs and markets consumer electronics, computer software, and personal computers. The company's best-known hardware products include the Macintosh line of computers, the iPod, the iPhone and the iPad...
must submit the download reports for the iTunes Music Store, which are used to determine their royalty payments.
In the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, when dealing with works that are performed (such as music) these groups are called performance rights organisation
Performance rights organisation
Performance rights organizations provide intermediary functions, particularly royalty collection, between copyright holders and parties who wish to use copyrighted works publicly such as shopping and dining venues. Legal consumer purchase of works, such as buying CDs from a music store, confer...
s or PROs. Other organizations such as artist rights groups license and collect royalties for the reproduction of paintings of living or recently deceased artists whose work has not yet entered the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
. There are also collectives that collect royalties for copies from magazines and scholarly journals such as Access Copyright
Access Copyright
Access © or Access Copyright is the operating name of a Canadian business corporation whose official registration name is The Canadian Copyright Licensing Agency...
in Canada.
Literature
- Thomas Gergen: Die Verwertungsgesellschaft VG WORT: Genese und neue Herausforderungen In: Journal on European History of Law, London: STS Science Centre, Vol. 1, No. 2, pp. 14 - 19, (ISSN 2042-6402).
See also
- List of copyright collection societies
- Private copying levyPrivate copying levyA private copying levy is a government-mandated scheme in which a special tax or levy is charged on purchases of recordable media. Such taxes are in place in various countries and the income is typically allocated to the developers of "content"...
- Voluntary Collective LicensingVoluntary Collective LicensingVCL is the framework by which most Reproduction Rights Organisations in the English speaking world operate. In voluntary collective licensing, the RRO issues licenses to copy protected material on behalf of those rights holders who have given it a mandate to act on their behalf...
Copyright collection societies (category)