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Edited Legal Collections Data |
Book Title: Research Handbook on the Future of EU Copyright
Editor(s): Derclaye, Estelle
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781847203922
Section: Chapter 16
Section Title: Copyright Protection of Computer Programs
Author(s): Bing, Jon
Number of pages: 26
Extract:
15 Collective management of copyright and
related rights: achievements and problems of
institutional efforts towards harmonisation
Maria Mercedes Frabboni
Introduction
The European Commission has commented that many aspects of substantive
copyright law have now been harmonised and, in order to progress towards a
genuine Internal Market,1 the remaining aspect of intellectual property that
needs to be reviewed concerns the rules and conditions of rights management.2
When discussing such rules and conditions one should start with the acknowl-
edgement that collecting societies are bodies which traditionally are not only
in charge of the administration of rights for certain types of protected works,
but also play an active and influential role in the enforcement of the now
harmonised copyright provisions.3 Because of such a special role, expecta-
tions on the possible initiatives for the harmonisation of rules concerning
collective management of rights are high. However, the harmonisation process
in its various forms is still characterised by a large degree of uncertainty over
the type of initiative that should be undertaken to align some characteristics of
collecting societies and ensure that they operate according to common or
comparable standards across the EU. Thus, while action at the European level
has already started, it is agreed that collective management is still largely a
non-harmonised field, where the territorial connotation of copyright instru-
ments remains prevalent4 even when copyright-protected material is being
transferred via the use of cross-border internet platforms.
1 Guibault, Lucie and van Gompel, Stef (2006), `Collective ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2009/175.html