Collective Management of Copyright and Related Rights

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Daniel J. Gervais
Kluwer Law International, 2010 - Law - 495 pages
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Authors, individual and corporate, are routinely compensated for the use by
others of copyrighted material. Yet relatively little attention is paid to the
vast and complex system of collective management that underlies these payments
capital flows that amount to ten billion euros each year.
This book the first detailed analysis of the subject available in English
provides an in-depth perspective on collective management of copyright and
related rights and the legal framework within which this management operates.
Among the salient aspects of the presentation are the following:
description of the organizations that provide collective management services;
suggestions how collective management can be made more efficient in the
Internet age
the effect of WIPO Copyright Treaties and the TRIPS Agreement;
the emerging intersection of copyright management and human rights;
recent developments at the European Union level; and
particular analysis of the situation in various countries, including France,
Germany, the UK and Ireland, the Nordic countries, Australia, Canada, and
Japan, as well as general discussions relating to Asia and Latin America.
With its detailed emphasis on how collective management operates in different
cultural, legal and economic environments and its many insights about the
future of collective management, this book is indispensable for copyright
lawyers, scholars, researchers, policy makers and decision makers working with
or within collective management organizations, including authors, performers,
rights holders, and users of copyright material.
The book was edited by Prof. Daniel Gervais of the University of
Ottawa, a renowned expert and author in the field of international copyright
and collective management. Dr. Gervais was successively Legal Officer at the
GATT/WTO, Head of Section at the World Intellectual Property Organization
(WIPO), Assistant Secretary General of the International Confederation of
Societies of Authors and Composers (CISAC) and Vice-President of Copyright
Clearance Center, Inc. (CCC). Dr. Gervais also authored the introductory
chapter. Other contributors include (in alphabetical order): Mario
Bouchard, General Counsel of the Copyright Board of Canada;
Dr. Mihály Ficsor, former Assistant Director General of WIPO and
author of the WIPO Guide to Collective Administration of Copyright and Related
Rights; Prof. Lucie Guibault (University of Amsterdam);
Prof. Lawrence Helfer (Vanderbilt University); Tarja
Koskinen-Olsson, who served as Chair of the International Federation
of Reproduction Rights Organizations (IFRRO) from 1993 to 1999 and is now
Honorary President of IFRRO; Prof. Glynn Lunney (Tulane
University); Prof. Okumura (Kyoto University); Karina
Correa Pereira, LL.M. (Brazil); Nathalie Piaskowski, LL.M.
(France); Dr. Jörg Reinbothe, former Head of Unit
responsible for intellectual property at the European Commission; Mr.
Ang Kwee Tiang (CISAC Director for Asia/Pacific); and Prof. Paul
Torremans (University of Leeds and University of Ghent).
  

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Contents

Chapter
1
Chapter
3
Chapter
6
Theoretical Approaches
10
Chapter
12
Conclusion
27
Collective Management of Copyright and Related Rights from
29
Framework of the Preparation of the WIPO Internet Treaties
37
Todays Regulatory Framework for Collecting Societies
224
Future Perspectives for Collective Rights Management in Germany
248
Chapter 8
251
The Current Regulatory Framework
266
Collective Management in the Republic of Ireland
273
Conclusion
280
Chapter 9
283
Main Elements of an Extended Collective License
290

PresumptionBased and Extended Collective Management
60
2
62
Chapter 3
75
The Practical Consequences of a Human Rights
102
Chapter 4
105
Collective Management and MultiTerritorial Licensing
115
Moving Forward Creatively Stepping Outside of the Box
126
Conclusion
132
Chapter 5
135
Control of CMOs through Competition Law
138
European Regulatory Framework Relating to CMOs
149
Impact of Recent Measures on the Market for CrossBorder
160
Collective Management in France
169
Nonvoluntary Licenses
189
Challenges and Issues for Collective Management in France
203
Collective Rights Management in Germany
215
Concluding Remarks
306
Chapter 10
307
Government Oversight of Canadian CMOs
324
Conclusion
336
Chapter 11
339
ASCAP BMI and SESAC
342
The CCC
370
Some Normative Thoughts on Collective
379
Chapter 12
383
Recordings
393
Major Operators of Management Businesses
397
Chapter 13
409
Concluding Remarks
464
Chapter 14
465
Challenges Faced by CMOs in Latin America
491
Copyright

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About the author (2010)

Daniel Gervais is Vice-Dean of Research, and Osler Professor of Intellectual Property and Technology Law at the University of Ottawa in Canada. He specialises on the study of intellectual property in the context of trade law, in particular the WTO Agreement on Trade in Intellectual Property Rights
(TRIPS).

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