Analiza proiectului de Directivă cu privire la gestiunea colectivă
The analysis of the draft Directive on collective management

Summary/Abstract: Having regard to the need for common rules on measures for the modernization of collective management bodies of copyright and measures designed to boost transparency and efficiency thereof, the European Commission adopted the draft Directive on collective management of copyright and related rights and multi-territorial licensing of rights for musical works, in relation to online use on the domestic market. The proposal finds justification in the European Commission’s opinion, in the fact that in the EU there are over 250 collective management companies which collect revenues amounting to about 6 billion euro annually, and the remuneration resulting from the use of music represents approximately 80% of the total revenues collected by the collective management companies. Also, the proposal is placed within the framework of the Digital Agenda for Europe (whose objectives are among others: the simplification of pan-European licenses for online use of works, the preservation of orphan and out of print works, the simplification of distribution of creative content and online protection of intellectual property rights) and the European Strategy for 2020 aimed at sustainable growth3. At the same time, the proposal envisages the elimination of shortcomings at the level of the collective management bodies relating to: transparency, management bodies, accounting and audit, procedures for the amicable settlement of disputes, internal governance rules etc.

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