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Re: [CC-Europe] looking for info on extended collective licensing schemes in Europe
- From: Tarmo Toikkanen <tarmo.toikkanen AT aalto.fi>
- To: Fátima São Simão <fatimasss AT gmail.com>, Timothy Vollmer <tvol AT creativecommons.org>
- Cc: cc-europe <cc-europe AT lists.ibiblio.org>
- Subject: Re: [CC-Europe] looking for info on extended collective licensing schemes in Europe
- Date: Mon, 7 Sep 2015 10:31:09 +0300
Some notes from Finland: The Finnish copyright agencies often make contracts with artists and require exclusive rights. A recent review made clear, that such exclusive rights (which will prevent CC licensing) are not required by Finnish law or are even required for the agencies to perform their work. As this has become clear, and an increasingly problematic for artists to build their online presences, things are changing. Recently the music artists' agency in Finland (Teosto) has allowed individual artists (after a written request) to self-license some of their works for non-profit use and limited for-profit use. It seems in many European countries collective license schemes are in place, but the contracts the agencies make with artists are too restrictive (requiring exclusive rights to all past and future works). Many legal cases have concluded that preventing the artist from managing their works may be considered to be misuse of a dominant market power. The general gist seems to be that requiring exclusive rights should have exceptional and well-founded grounds. An agency should not pose restrictions on its author customers that are not absolutely necessary. Some examples: EU:
Irish Competition Authority, Decision No. 326 of 18 May 1994, Notification No. CA/2/91E – Performing Right Society and individual creators/publishers (Assignment of Copyright), para. 81; Decision No. 445 of 15 December 1995, Notification No. C/2/95 – Irish Music Rights Organisation/Writers, Notification No. CA/3/95 – Irish Music Rights Organisation/Publishers (Non Corporate); Notification No. CA/4/95 – Irish Music Rights Organisation/Publishers (Limited Company), para. 37. Poland: UOKiK, Decision of 16 July 2004, Case RWA‐21/2004, Annual Report 2006, p. 20. 860 and CCCP, Decision of 9 January 2006, Case XVII Ama 84/04, Annual Report 2006, p. 20. US: In the US, the ASCAP consent decree explicitly prevents ASCAP from claiming exclusive rights from right‐holders. ( Para. IV. A. of the ASCAP Consent Decree, supra n. 737) On 04/09/15 02:01, Fátima São Simão
wrote:
-- Tarmo Toikkanen researcher, tarmo.toikkanen AT aalto.fi Learning Environments research group, http://legroup.aalto.fi Creative Commons Finland, http://creativecommons.fi Aalto University, http://aalto.fi |
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[CC-Europe] looking for info on extended collective licensing schemes in Europe,
Timothy Vollmer, 09/02/2015
- Re: [CC-Europe] looking for info on extended collective licensing schemes in Europe, Fátima São Simão, 09/04/2015
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Message not available
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Re: [CC-Europe] looking for info on extended collective licensing schemes in Europe,
Tarmo Toikkanen, 09/07/2015
- Re: [CC-Europe] looking for info on extended collective licensing schemes in Europe, Timothy Vollmer, 09/26/2015
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Re: [CC-Europe] looking for info on extended collective licensing schemes in Europe,
Tarmo Toikkanen, 09/07/2015
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