Harmonization of domestic legislation with EU law in the field of regulating the activities of collective management organizations in copyright and related rights

Journal Title: Альманах міжнародного права - Year 2017, Vol 18, Issue

Abstract

The scope of use of objects of copyright and (or) related rights is very wide, therefore, the right holders are not always in a position to control each use of a work or object of related rights and collect the remuneration due to them. The use for this collective management organization (hereinafter – CMO) provides benefits both to the owners of the rights and to the users. The rights-holder is exempted from the need to grant permissions to use a large number of users, to collect remuneration from them, to monitor users for compliance with the terms of license agreements, to protect their violated rights, because his interests in these relations will represent CMO. And for users, collective management simplifies the registration of rights to use works or related objects, as they only have relationships with CMO and should not contact each rights holder whose works have a desire to use. The article outlines the shortcomings of domestic legislation regarding the regulation of collective management organizations in copyright and related rights and proposes ways of harmonizing domestic legislation in relation to the legislation of the European Union. There is an imperfection of the existing bill number 4461 and its danger with regard to the protection of the rights of owners of copyright and related rights and the protection of the rights of users of copyright products. In general, bill No. 4461, as it currently stands, carries more risks for holders than for users. For the last, the general requirement remains unchanged: to obtain the permission of the right holder and to pay the last reward for the use of intellectual property rights objects.

Authors and Affiliations

Т. В. Боднарук

Keywords

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  • EP ID EP443748
  • DOI -
  • Views 74
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How To Cite

Т. В. Боднарук (2017). Harmonization of domestic legislation with EU law in the field of regulating the activities of collective management organizations in copyright and related rights. Альманах міжнародного права, 18(), 113-118. https://europub.co.uk/articles/-A-443748