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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 27, 2007
Journal of Intellectual Property Law & Practice 2007 2(6):371-376; doi:10.1093/jiplp/jpm052
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© The Author (2007). Published by Oxford University Press. All rights reserved

Practice Point

If the kids are united

Florian Koempel *

Legal and practical context: Further political and judicial activities regarding collective management are imminent in the first half of 2007 at European level.

Key points: The author looks into the historical, practical, and legal background as well as the raison d'etre of collective management of music before outlining some specific aspects of relevance for collecting societies in the digital world. This includes the complementary relation of collecting societies with Digital Rights Management and the rolling out of pan-European licences in line with the European Commission Recommendation of October 2005.

Conclusions: The author suggests that collective management will become even more important for a wide range of creative works in the digital world and that right holders together with their collecting societies are already proposing approaches fit for the information society. He concludes that there is little need for political interference in the nascent online market at this crucial time of evolution.

Key Words: The music industry has long relied upon the collective management of rights as the most efficient means of gathering income from licensed activities and for enforcing rights against those who use copyright-protected works without authorization. • The sudden efflorescence of the digital technologies and the development of digital rights management systems have both posed fresh challenges for traditional notions of collective management of music copyright. • This article takes a broad view of the operation of societies that operate within the field of collective rights management, concluding that their role will become increasingly important in the coming years, not least because of its proactive stance on the development of new licensing models.

* Legal Counsel, British Music Rights; all views expressed in this article are personal. Email: florian.koempel{at}bmr.org.


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