European Multi-Territorial Licenses on Musical Works On-Line Rights

04.03.2014

When talking about musical creations, it is up to the creation’s owner (prima facie) to choose between individual or collective management of his creation’s rights. This way, collective management organizations allow copyright and related rights’ owners to obtain a compensation for their work right’s assignment, which, otherwise, they would hardly be able to control or enforce compliance, in particular, in no national markets.
 

Under this budget, on 04/02/2014, the European Parliament has given its approval to the creation of multi-territorial licenses in order to distribute musical works through the Internet in the EU. In fact, the Directive about “the collective management of copyright and related rights and the concession of musical works multi-territorial licenses for their on-line use in the internal market” has been approved by the Parliament with 640 votes in favour, 18 against and 22 abstentions. Once it is approved by the Council, the Member States will be given a time frame of two years to transpose this policy to their national law.

This new Directive establishes the necessary requirements to ensure the correct functioning of copyright and related rights’ management by collective management organizations. Therefore, it establishes the requirements for the concession, by collective management organizations, of the musical works copyright multi-territorial licenses in order to its on-line use in the internal market.

These multi-territorial licenses will be aimed, in the EU’s frame, at offering on-line music providers, who have difficulties when they wish to purchase licenses for aggregated repertoires that are valid in the territory of different Member States, the possibility to obtain the authorizations from collective management organizations in order to make it easier to distribute on-line musical works in more than one Member State.

In order to achieve these goals, the collective management organizations will be required to act according to the principles of transparency and information, as well as guarantee a proper remuneration for the artists. On the other hand, the Member States will ensure that the collective management organizations (or its members, which are the organizations that represent the copyright’s owners) pay the copyright’s owners these amounts as soon as possible and, in any case, in a maximum term of nine months after the financial year’s end, in which the payments from the rights assignment have been collected, unless this deadline couldn’t be upheld due to objective reasons.

The collective management organizations that don’t concede licenses in more than one UE’s country will have the opportunity to ask another organization to represent their repertoire, for the purpose of granting the European musical works’ creators the access to cross-border licenses, as well as preserve the cultural diversity in Europe.

 

Written by Alberto González Gonzalo

Source:

http://www.dmrights.com/es/noticias-sobre-propiedad-intelectual/item/365-derechos-de-autor-licencias-europeas-para-potenciar-la-musica-por-internet.html  

http://noticias.lainformacion.com/economia-negocios-y-finanzas/economia-general/pe-aprueba-licencias-transfronterizas-para-proteger-derechos-de-autor-y-potenciar-distribucion-de-musica-on-line_KigkABcWaqL44ffn3Q1iN6/           

http://www.cibersur.com/15086          

http://cice.es/noticia/licencias-musicales-europeas/      

http://www.wipo.int/about-ip/es/about_collective_mngt.html   

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2014-0056+0+DOC+XML+V0//ES&language=ES

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