| Commentary

125 Introduction

| Commentary

2: COLLECTIVE LICENSING—GENERAL

125 Introduction

In order for a person to do, in relation to a copyright work, any of the restricted acts (which only the copyright owner is entitled to do), it is necessary for him to obtain an assignment of copyright or a copyright licence. In the vast majority of cases a licence will be sufficient for the purposes for which the work is to be used. Every time a record is played in public or is broadcast or a play performed in public, where the work is a copyright work, a licence will be necessary from the owner of each of the copyrights involved unless one of the exceptions under the permitted acts applies. Clearly, this creates a huge administrative problem, both for the rights owners and for the users of copyright works. In recognition of the mutual benefit to be obtained, various collecting societies have been established to administer the exploitation of certain rights comprised in copyright on behalf of the rights owners. The rights owners are the members of these collecting societies, which either take an assignment of, licence of or mandate for licensing the particular rights which are to be exploited on behalf of the members, and the societies in turn grant licences to those who wish to exploit the rights administered by the

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