Collective management of copyright is a modern model and an important step forward in the process of managing copyright and related rights. In case the author wants to cooperate with many parties to exploit the work, or one party wants to contact many authors to use their works, on the other hand, each author does not have only one work. Therefore, this huge amount of work requires a more convenient form of copyright management, acting as a bridge between authors and parties wishing to exploit copyright. From the above practical requirements, the formation of collective management organizations for copyright is an inevitable consequence. However, is it the only collective representative organization of copyright and related rights – which are organizations that operate for non-profit purposes can represent authors in managing copyright and related rights or not?
According to Vietnamese civil law, authors and owners of copyright and related rights can manage themselves or authorize other individuals or organizations to manage the copyright and related rights they hold. hold.
Article 56 of the Law on Intellectual Property stipulates: “The collective representative organization of copyright and related rights is a voluntary organization that self-funds its operations, not for profit purposes, and is run by authors and owners.” Owners of copyright and related rights agree to establish and operate by the provisions of law to entrust copyright and related rights, subject to the state management of the Ministry of Culture and Sports. Sports and Tourism on collective representation of copyright and related rights.”
In particular, the collective representative organization of copyright and related rights carries out the following activities according to written authorization of the author, copyright owner, and related rights owner:
- Implement copyright and related rights management; negotiate licensing, collect and distribute royalties and other material benefits from allowing the exploitation of authorized rights;
- Protect the legitimate rights and interests of members; Organize mediation when there is a dispute.
According to Vietnamese intellectual property law, not only organizations representing collective rights of copyright and related rights can represent authors in managing copyright and related rights. Other organizations that also represent authors in managing copyright and related rights are collectively known as copyright and related rights consulting and service organizations. Copyright and related rights consulting and service organizations carry out the following activities at the request of authors, copyright owners, and related rights owners (Article 57 of the Intellectual Property Law) :
- Consulting on issues related to legal regulations on copyright and related rights;
- Representing authors, copyright owners, and related rights owners to carry out procedures for applying for registration of copyright and related rights according to authorization;
- Participate in other legal relations on copyright and related rights, and protect the legitimate rights and interests of authors, copyright owners, and related rights owners under authorization.
Although not directly regulated, authorized representation is required to manage copyright, and protect the legitimate rights and interests of authors, copyright owners, and related rights owners. completely consistent with Vietnam’s civil law regulations. Authors and owners of copyright and related rights can freely choose any suitable organization to authorize the management of their copyright and related rights.
Unlike Vietnam, the European Union has very clear regulations on organizations managing copyright and related rights in addition to organizing and representing collective rights of the copyright and related rights under the name “organizations managing copyright and related rights”. independent management entity (IME). According to Directive 2014/26/EU of 26 February 2014 of the European Union (EU) on the collective management of copyright and related rights and the multi-territorial licensing of rights in musical works for use online in the domestic market, independent management organizations are understood as:
“Independent management organization” means any organization authorized by law, or by assignment, license, or any other contractual arrangement, to manage copyright or related rights to copyright on behalf of multiple rights owners, for the collective benefit of those rights owners, as its sole or primary purpose, and that entity:
(i) is not owned or controlled, directly or indirectly, in whole or in part, by the rights owner; and
(ii) organized on a for-profit basis;”
From the above evidence, it can be seen that, in Vietnam or internationally, it is not the only organization that collectively represents copyright and related rights that can carry out collective management and authors managing copyright and related rights.
Above is the article “Is it the only Collective Management Organisation that can represent the author to manage copyright and related rights?” Hope this article is useful to you.
