DIRECTIVE 2014/26/EU ON COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS AND MULTI-TERRITORIAL LICENSING OF RIGHTS IN MUSICAL WORKS FOR ONLINE USE IN THE INTERNAL MARKET

2017 ◽  
pp. 290-312
Author(s):  
Dinusha Mendis
Author(s):  
Rudolf Leška

Abstract Whenever a film is produced and distributed, a license to use the music and sound recording may be needed. While the film producer usually owns the copyright in the film and underlying works or actors’ performances, responsibility for the clearance of rights in music and sound recordings remains largely on the shoulders of users (broadcasters, cinema operators, VOD platforms). They usually need to get a license through a CMO or directly from the rightsholder. In the case of musical works, the procedures are largely standardized, mainly in offline use. When it comes to licensing the rights for cross-border use online or when phonogram producers and performers are involved, the licensing situation becomes messy which introduces significant uncertainty into the market. Instead of advocating state regulation, the author pleads for the development of cross-border industry standards and procedures, good practices and reciprocal agreements between CMOs to be developed in a collaboration of global organizations representing rightsholders.


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