Collecting societies Collecting societies offer right holders a way of collectively licensing and enforcing their IP rights in situations where it would be impractical for each right holder to individually license and police uses of their rights. While several collecting societies may operate in the same creative sector (such as music), generally there will be separate collecting societies for different groups of right holders. Generally, the role of a collecting society is to: • offer membership to holders of relevant rights in their particular sector • license (and enforce) those rights on behalf of all their members, and • collect and distribute the royalties from those licences As well as compliance with general contractual, company and competition laws, collecting societies generally will be subject to two further legal controls: • a collecting society is likely to be a ‘licensing body’ under section 116 of the Copyright, Designs and Patents Act 1988 (CDPA 1988) with the result that the terms of their licences may be subject to challenge before the Copyright Tribunal • a collecting society is also likely to be a Collective Management Organisation (CMO) and so subject to the Collective Management of Copyright (EU Directive) Regulations 2016, SI 2016/221 (often referred to as the Collective Rights Management Regulations or the CRM Regulations), which implemented Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for
Film and TV glossary E–H Film and TV glossary A–B | Film and TV glossary C–D | Film and TV glossary I–L | Film and TV glossary M–P | Film and TV glossary R–S | Film and TV glossary T–W Educational Recording Agency Ltd (ERA) Educational Recording Agency Ltd operates a licensing scheme for the educational use of copyright material. See website: Education Recording Agency Ltd and Practice Note: Collecting societies. Eos (the Broadcasting Rights Agency) Eos is a Broadcasting Rights Agency that serves the music industry in Wales. See website: Eos (the Broadcasting Rights Agency) and Practice Note: Collecting societies. Extended Collective Licensing (ECL) scheme Where collective licensing takes place, relevant licensing bodies tend to represent the majority of rights holders in the sector. An Extended Collective Licensing scheme is one where a relevant licensing body, subject to certain safeguards, is authorised to license specified copyright works on behalf of all rights holders in its sector (including non-members), and not just members who have given specific permission for it to act. See Practice Note: Collecting societies. Fair dealing The Copyright, Designs and Patents Act 1988 (CDPA 1988) provides for exceptions to copyright protection in respect of fair dealing with copyright works when they are used for certain stated purposes. Copyright is not infringed where the work is used for: • research and private study • research—text and data mining • criticism and review • quotation • reporting current events • caricature, parody or
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