Collective Management of Proprietary Copyright and (or) Related Rights in Internet

Abstract

Problem setting. Crossborder nature of the Internet and digital form of fixation of placed works raise up the issue of copyright powers, so its implementation has certain characteristics, and its study is the task of the publication. The creator of integrated information resource (mostly often updated) make it physically impossible to resolve all issues arising from the rights holders (and each work could has two or more such holders). To resolve these issues the system of “collective management of property rights” has been developed. Target of research. The aim of this article is to study the feasibility and applicability of the method of management of property rights through collective management organization (CMO) in the digital environment. Object of the study is the system of collective management of proprietary copyright and (or) related rights in the Internet. Analysis of resent researches and publications. The mentioned issue has been studied by such foreign and domestic scientists as EP.Rakichioli, O. M.Pastuhov, K. O. Afanasyeva, A. H.Serho, K. Zabrodska, V. A. Khokhlov, A. P. Serheev, O. V. Iyevinya, T. V. Fyedosenko, O. Odynets and others. Article’s main body. It’s necessary to study the experience and practice of the EU and to implement these measures into national legislation on the activities of the CMO. First of all it concerns the Directive on collective management of copyright and related rights and licensing multimedia music used online at internal market (2014). The provisions of the EU Directive provide remuneration for the use of music in the Internet through the collective management organizations. EU Directive provides requirements to collective management organizations in Europe, including establishing of relationships between organizations to ensure concerted action by online licensing in the Internet, sharing databases of copyright and related rights and rights on them. To prevent abuse, the EU Directive stipulates the provisions for participation of copyright and related rights subjects in the process of decisionmaking by organizations; also this Directive defines the principles of transparency of its activities. Conclusion and prospects for the development. The issue of changes in the functioning of activities and other collective management organizations is a complex and systematic work on establishing the mechanisms to intellectual property rights protection. This area of the private market economy relations does not meet the transparency and efficiency. We could overcome this problem by the new law on the activities of CMO, this law would balance the interests of all stakeholders in this market: authors, consumers, businesses and state and would provide the appropriate protection of certain subjects; by ensuring strict control over the implementation of this law. In terms of “reforming” such law cannot create and provide all the mechanisms for its implementation, because all professional relationships will be affected and the situation if the market will emerge on the principle “the person, who first reached the official the first, is right” could happen again. The experience of recent years has shown that only effective negotiation, consultation of professionals in this field and the system activity of experienced officials can clean up the situation.