[A2k] Collective management of copyright to be discussed in JURI on Tuesday 6 November ASP 1G2 at 11.30-12.30

Erik Josefsson erik.hjalmar.josefsson at gmail.com
Thu Oct 25 03:57:17 PDT 2012

Dear all,

Please note that some MS are raising subsidiarity concerns. There is a
clear risk of MS stalling:


Please note that Spain considers in a "Reasoned Opinion" that "in the
course of the approval procedure some *_changes have to be introduced_*
in the proposal so that the Directive establishes a set of main
principles and objectives, _*leaving Member States a wide range of
possibilities for its implementation according to its cultural and legal

This is an expected development in the light of  the adoption of the
Orphan Works Directive's Article 1.5 saying /*"This Directive does not
interfere with any arrangements concerning the management of rights at
national level"*/ and the deletion of the equivalent article in the
leaked CRM defining */"'management of copyright and related rights'
means the provision of the following services: the grant of licences to
users, the auditing of licensees and monitoring of the use of rights,
the enforcement of copyright and related rights, the collection of
income derived from the exploitation of rights and the distribution of
royalties to rightholders;"/* (see

The overlap is obvious and unmanageable, hence deleted.

We expect the Rapporteur MEP Gallo to summarise the key MS subsidiarity
concerns in JURI on Tuesday November 6, as well as provide a timetable
outline for the further processing of the directive.

Best regards.


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