Copyright collective

From Wikipedia, the free encyclopedia

A copyright collective (also known as a copyright collecting agency or collecting society) is a body created by private agreements or by copyright law that collects royalty payments from various individuals and groups for copyright holders. They may have the authority to license works and collect royalties as part of a statutory scheme or by entering into an agreement with the copyright owner to represent the owners interests when dealing with licensees and potential licensees.

Authors of literary or artistic works as well as holders of related rights enjoy exclusive rights to authorise or prohibit the use of their works. In cases where the rights cannot be enforced vis-à-vis individual members of the public or where individual management would not be appropriate, given the number and type of uses involved, right holders are granted a remuneration right instead. These rights are typically managed by collecting societies.

The underlying idea of collective copyright management is widely shared and collecting societies have a key role in all developed countries. Because of historical, legal, economic and cultural diversity among countries, regulation of collecting societies and the markets where they act vary from one country to another. In Europe collecting societies require their members to transfer them exclusive administration rights of all of their works. United States and Canada have less restricting rules as members maintain their rights simultaneously with collecting societies.

[edit] Societies tasks

Collecting societies are effectively an organization handling the outsourced function of right management. Right owners transfer to collecting society rights to: 1) sell non-exclusive licenses; 2) collect royalties 3) distribute collected royalties 4) enter into reciprocal arrangements with other collecting societies 5) enforce their rights. Collecting societies also negotiate license fees for public performance and reproduction and act as lobbying interests groups.

Collecting societies sell blanket licences, which grant the right to perform their catalogue for a period of time. Such a licence might for example provide a broadcaster with a single annual authorisation encompassing thousands of songs owned by thousands of composers, lyricists and publishers. The societies also sell individual licenses for users who reproduce and distribute music. For example, Apple must submit the download reports for the iTunes Music Store, which are used to determine their royalty payments.

In the U.S. and Canada, when dealing with works that are performed (such as music) these groups are called performance rights organisations or PROs. Other organizations such as artist rights groups license and collect royalties for the reproduction of paintings of living or recently deceased artists whose work has not yet entered the public domain. There are also collectives that collect royalties for copies from magazines and scholarly journals such as Access copyright in Canada.