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HARMONIZÁCIA KOLEKTÍVNEJ SPRÁVY

100%
Škreko A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 5
499 – 508
EN
The article deals with the latest legislative step of the EU Commission in the field of the collective management. A proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market could be considered as the revolutionary initiative, the final call for the harmonization of the collective management of copyright and related rights. Despite the very need of the EU legislation harmonizing the conduct of the special services provided by the collective administrators – legal persons mostly based on the principle of representation of its members and other right holders – the job seems to be completed. The proposal contains two main areas of regulation: (i) the collective management organisation and (ii) multi-territorial licensing of the music for online use. On the one hand there is a call for transparency, efficiency and responsible exercise of the collective management from the side of the collective management organisation itself targeting the benefit of the right holders and users as well, but on the other hand there is no regulation of the legal status of the collective management organisation or the supervision over the collective management exercise. The second area – multi-territorial licensing stopped also on the halfway while the regulation deals only with the music work and shall not apply to the audio-visual works, literary works and the producers rights nonetheless. However, there are two current Presidency compromise proposals and the debate is still open, so there is still chance to adjust the proposal to have the reasonable and functional harmonization.
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