The UK Intellectual Property Office (IPO) has launched a technical review consultation on how effectively the draft Collective Management of Copyright (EU Directive) Regulations 2016 (the Draft Regulations) implement EU Directive 2014/26/EU (on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market) (the Directive).
Under the European Commission's Digital Agenda for Europe, the Directive came into force in April 2014, with the overarching aim of:
- modernising and improving standards of governance and transparency of all EU Collective Management Organisations (CMOs);
- ensuring that rights holders receive accurate and timely royalty payments;
- promoting a level playing field for the multi-territorial licensing of online music; and
- creating innovative and dynamic cross-border licensing structures.
The IPO's technical review asks questions on the specific implementation of the Directive. It includes issues such as expanding the definition of "licensing body", the implementation of the CMOs' obligation to negotiate with users in "good faith", the complaints process and alternative dispute mechanisms, and sanctions and enforcement action taken by the IPO.
The IPO is inviting interested parties to submit substantive comments on the legal effect and impact of the Draft Regulations by 10 November. A summary of responses will be released once the Draft Regulations are in force.
A copy of the technical review and Draft Regulations is available here.