COLLECTIVE MANAGEMENT OF PROPRIETARY COPYRIGHTS AND (OR) RELATED RIGHTS

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COLLECTIVE MANAGEMENT OF PROPRIETARY COPYRIGHTS AND (OR) RELATED RIGHTS

Journal Title: Право та інноваційне суспільство - Year 2016, Vol 7, Issue 2

Abstract

Problem setting. In Ukraine, the institute of collective management is at the stage of development. At the moment of CMO activity shows the positive points that confirmed by annual growth of the remuneration for the copyright and related rights using, as well as the negative aspects that appear primarily in the partial and imperfect legal regulation, and in the absence of an agreed mechanism of the CMO activity. Target of research. The aim of the article is to examine the current state of collective management of proprietary copyright and (or) related rights in Ukraine, as well as to formulate the concept of promising models in the relevant legal field on the basis of the analysis of international experience. Article’s main body. The scientific development of this problem mostly characterized by a statement of the existing provisions in the collective management of proprietary copyright and (or) related rights in Ukraine, without describing the perspectives of legal regulation in this area. The issue of monopolization CMO’s services market is the fundamental one. This issue should be considered from the point that the existence of a significant number of such organizations are aiming to the developing of market economy with a strong competition in this field. But CMO is inherently non-profit organizations. In this context, we couldn’t speak about the presence of competition. The main purpose of the collective management institute and, consequently, of mentioned organizations is ensuring of copyright and related rights owners the possibility to ensure their property rights and to enable third parties to use appropriate objects of copyright and related rights. Conclusions and prospects for the development. It is advisable to create the Ukrainian organization of collective management of copyright and related rights with different branches that would centralized the management as the head office. It is necessary to create an information portal of Ukrainian collective management of copyright and related rights that will placed next information (including the depository of copyright and related rights objects): information about the activities of the organization, including the amounts of remuneration, litigation, collaboration with foreign collective management organizations; the information about the CMO activity, including information about its divisions and regional offices; the access to sample agreements on cooperation between CMO and users, CMO and copyright and related rights owners; updated database of objects of copyright and related rights controlled by CMO; formula of calculation of remuneration for the copyright and related rights using, as well as the information about funds transfer, extracts from the current legislation on the rights and obligations of the parties in the relationship of collective management of copyright and related rights.

Authors and Affiliations

R. O. Denysova

Keywords

collective management organizations. monopoly. WIPO.

EP ID EP460067
DOI -
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