Date ssubmitted: 21 2 May 2012 2
Collectivve managem ment of mu usic copyrigght in the Internet age and the t EU inittiatives: froom reciprocal represeentation agreemeents to open n platformss
Enrico Bonadio B City Univversity London London, United Kin ngdom
148 — Cop pyright law an nd legal depossit for audiovvisual materia als — Audiovisuaal and multim media with Law w Libraries
Abstractt : As is wiidely known,, nowadays there are neew ways mu usic is distrib buted (such as through Internet, mobile telephones, t mit its dissem mination acro oss national borders. digital terrestrial, etc.), which perm There ha ave been atttempts to ad dapt the trad ditional colleccting societiees’ representtation agreements to new form ms of distrib bution, with a view to pro oviding userss with multi-territorial co opyright licen nces (e.g. the Simu ulcasting Agrreement). Affter analysing g the above attempts, th he author will argue thatt the new ways mu usic is now distributed d in the EU requ uire a new liccensing policyy at EU levell. The pap per will then n focus on th he steps takken by the European E Commission in n the latest years y for establish hing a EU-w wide licensin ng scheme as a far as on n-line music sales are cconcerned. Particular P attention will be devvoted to the 2005 Comm mission Recom mmendation on the licen nsing of on-liine rights in musiccal works. With W this “so oft law” insstrument thee Commissio on recommeended that copyright c holders should s be given the rightt: (i) (ii) (iii)
to authorize anyy existing colllecting society to license their works across the entire EU; to determine d thee territorial scope s of thee licence, irreespective of tthe Memberr State of resid dence or the nationality of o either the collecting so ociety or the right holderr; to withdraw w anyy of the on-lline rights an nd transfer the t multi-terrritorial management of th hose rights to o another co ollecting socieety.
The auth hor will argu ue that by adopting a such a system, i.e. by cuttin ng out interrmediaries (ccollecting societiess), a more co ompetitive environment for f cross-border licensing of copyright would be created, an envirronment in which w collectting societiess would havee to compette between tthemselves to attract copyrigh ht owners an nd consequen ntly would bee encouraged to provide better and d diversified seervices. The reacction of the markets after the Recom mmendation n will also bee analysed. IIndeed, it seeems that there ha as been a tim mid move tow wards EU-liccensing schem mes. Some expected e that such a movve would
have been prompted by a competitive process being triggered by the possibility of right holders to freely approach the collecting society of their choice, as suggested by the Commission Recommendation. It seems, however, that certain EU-licensing schemes have recently been offered in another way, i.e. by creating new cross-border platforms that pool together several repertoires. Some of these platforms are conceived as “open platforms” ready to attract more and more right holders; even collecting societies might have an incentive to pool their repertoire into such new platforms. These platforms will be examined. Finally, the author will analyse a tool which has been recently proposed and might turn out to be useful for establishing an infrastructure for multi-territorial licensing: the Global Repertoire Database. This database would be basically a central repository of copyright and related rights providing basic information that identifies (i) the relevant copyright work or sound recording, (ii) the owner of the rights in such work, (iii) the representative of that owner. This tool would also provide a link between the data relating to copyright works and the data relating to sound recordings that embody those works.
1. Introduction The paper focuses collective licensing of on line music and on the steps ta