Compulsory Management of Copyright and Related Rights: Theoretical and Practical Aspects

Ąžuolas Čekanavičius

Abstract


If copyright and related rights were administered only by their owners individually the civil circulation of these rights would be far less intensive. Furthermore, the development of certain businesses based on commercial uses of copyright and related rights would be hardly imaginable. Collective management organizations are effective intermediaries between the owners of copyright and related rights and the users of the subject matter of copyright and related rights. Three main models of collective management of copyright and related rights can be distinguished: mandatory collective management, presumption-based or implied collective management and extended collective management. In Lithuanian national law, only the mandatory collective management model is established. Mandatory collective management and implied (presumption-based) collective management can be applied only in the following cases: to collectively manage the copyright and related rights which are not exclusive by their nature but merely rights to remuneration; to collectively manage the right to compensation (remuneration) for exceptions to exclusive rights established in line with the three-step test; to collectively manage exclusive copyright and related rights once limitations on the execution of these exclusive rights are expressively allowed by international treaties.

Keywords


copyright law; copyright; related rights; collective management; compulsory collective management

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236