This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
Copyright is meant to do something-several things-to accomplish socially desirable ends. One of those ends is to create a space for a free exchange of ideas that allows us to build upon a universe of expression that came before. How can I tell if something is in the public domain? This is the central question addressed daily by the Copyright Review Management System (CRMS) project. It is a special question and one essential to the social bargain that society has struck with authors and rights holders. It is also a deceptively simple question. There should be a straightforward answer, especially for books. It should be easy to know when something is-or is not-subject to copyright. And yet, in an age of absolute fluidity of media and medium, even plain old books can be highly complex embodiments of copyright. We need to make it easier to ascertain whether a work is in the public domain. If the rights of copyright holders are to be respected and valued as part of the social bargain, the public domain as a matter of copyright law should be ascertainable and enjoyed. Given this complexity, consider the determination of the copyright status of a given creative work as a design problem. How do we move the copyright status of works in the collections of our libraries, museums, and archives from confusion and uncertainty to clarity and opportunity? Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. The Toolkit is a resource that aims to allow others to understand and replicate the work done by CRMS.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
"This reference is a comprehensive collection of recent case studies, theories, research on digital rights management, and its place in the world today"--
In the course of the last two decades, collective management organizations (CMOs) have become the nerve centres of copyright licensing in virtually every country. Their expertise and knowledge of copyright law and management have proven essential to make copyright work in the digital age. However, they have also been at the centre of debates about their efficiency, their transparency and their governance. This book, an extensively revised and updated edition of the major work on the legal status of CMOs, offers an in-depth analysis of the various operating CMO models, their rights and obligations vis-à-vis both users and members, acquisition of legal authority to license, and (most important) the rights to license digital uses of protected material and build (or improve current) information systems to deal with ever more complex rights management and licensing tasks. All the chapters have been updated since the 2010 edition. New chapters on Africa, China, Central Europe and New Zealand (together with Australia, which is no longer discussed in the separate chapter on Canada) have been added. Factors considered include the following: • role of 'families' such as the International Confederation of Societies of Authors and Composers (CISAC) and the International Federation of Reproduction Rights Organizations (IFRRO); • cases where the unavailability of adequating options makes authorized use difficult or impossible taking transaction costs into account; • growing importance of extended repertoire systems (also known as extended collective licensing); • relationship among collective management, rights to remuneration, and the ways in which CMOs acquire authority to license; • transnational licensing and the possible role of multi-territorial licensing; and • threat of monopolies or regional oligopolies for the management of online music rights. Legal underpinnings covered in the course of the analysis include the 1996 WIPO Copyright Treaties, the US Digital Millennium Copyright Act, the Napster case, the Santiago Agreement, relevant EU Papers and the 2014 Copyright Directive, and work done by the UN Committee on Economic, Social and Cultural Rights. Part I presents a number of horizontal issues that affect collective management in almost every country. Part II is divided on a geographical basis, focusing on systems representative of the principal models applied in various countries and regions. Each country specific or region-specific chapter provides a historical overview and a presentation of existing CMOs and their activities, gives financial information where available, describes how CMOs are supervised or controlled by legislation, and offers thoughts about the challenges facing CMOs in the country or region concerned. Many of these national and regional commentaries are the only such information sources available in English. Whatever the future of copyright holds, it is clear that users will continue to want access and the ability to reuse material lawfully, and authors and other rights holders will want to ensure that they can put some reasonable limits on those uses, including an ability to monetize commercially relevant uses. CMOs are sure to be critical intermediaries in this process. The second edition of this important resource, with its key insights into the changing nature of collective management, will be of immeasurable value to all concerned with shaping policy towards collective management or working with the ever more complex legal issues arising in digital age copyright matters.
"This book highlights innovative technologies used for the design and implementation of advanced e-commerce systems facilitating digital rights management and protection"--Provided by publisher.
