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49 J. Copyright Soc'y U.S.A. 897 (2001-2002)
Legal Regulation of Collective Management of Copyright (Collecting Societies Law) in Western and Eastern Europe

handle is hein.journals/jocoso49 and id is 966 raw text is: Legal Regulation of Collective Management

At first sight the emergence of the information society seems to alter
some of the pretexts that have traditionally served as the basis for the
normal commercial exploitation of works and services protected by copy-
right and neighbouring rights legislation. One of the fields that is currently
undergoing great transformations as a result of the information society ap-
pears to be that of collective management of copyright. If the old theoreti-
cal and practical paradigms are no longer an adequate response to the new
technological, social and cultural realities, it is important to reflect on the
conditions in which the collective management of copyright is carried out
today, while at the same time looking into the newly opened possibilities
of individual management of rights by the author or holder of the right
In order to be able to evaluate such or other rather sweeping state-
ments we should perhaps have a look at the evolution of the regulation of
collective management of copyright and neighbouring rights in the last de-
cades, in particular in Continental Europe. As much modern copyright
legislation of the nineties in Western European countries such as Belgium'
France,2 Spain3 and Switzerland4 or in Central and Eastern European
*Senior Research Scientist (retired), Max-Planck-Institute for Foreign and Inter-
national Patent, Copyright and Competition Law, Munich, Germany; Honorary
Professor German type (Honorarprofessor) for copyright law at University of Pas-
sau, Germany. The present text is an updated version of a speech made at the
Colloquium on Collective Management of Copyright and Neighbouring Rights in
the Digital Environment, organized in March 2000 by the Government of Portu-
gal in Pvora, Portugal. The author would like to thank Prof. William R. Cornish,
Cambridge, for his kind help in establishing a correct English text of the earlier
1 See Belgian Copyright Act of 30 June 1994, ch. VII (art. 65 et seq.).
2 See French Intellectual Property Code, adopted on 1 July 1992; First Part Book
3 Second Title (art. L.321-1 et seq.) [hereinafter French Code]. See in partic-
ular Art. L.321-13 as amended by Law No. 2000-719 of 1 August 2000 (art.
3 See Spanish Copyright Act of 12 April 1996, Book III, tit. IV (art. 147 et seq.)
(as amended by Law 5/1998 of March 6, 1998) [hereinafter SpanCA].
4 See Swiss Copyright Act of 9 Oct. 1992 tit. 4 (art. 40 et seq.).


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