collec%ve

licensing
An independent European perspec%ve

Mars Mertens / OurMusic.Biz

The death of the collec%ve?

Does this mean back to the individual?
Collec%ve > rights managers>individual

Level playing eld for various rights owners

High prole composers, new composers

Collec%ve is Collec%ng? Dierent role between Authors society and the collec%ng body. Issues of exclusive deals and monopolies

Con%nent vs Anglo-America
Anglo American Publisher controls Mechanical Right Online use is combina%on between mechanical rights and communica%on to the public (Performing Right). E.g.: Download 75% mechanical/25% performing E.g.: Stream 25% mechanical/75% performing

Popularity Anglo-American repertoire

Important market share Anglo American repertoire in con%nental countries Local ar%sts co-write repertoire with Anglo- American authors, joint copyright. Mul%ple Publishers. Not only Hit Repertoire/ Cultural diversity one of the founding principles of European Union.

Local representa%on
Anglo American publishers very o^en deal with local sub-publishers. How does this impact the changes in direct Cross-Border licensing? The authors share looses value in the juggling system of the reciprocal agreements between socie%es.

Complex Copyright- Mechanical

Mechanical copyright (Interac%ve-Non interac%ve) Anglo American publishers withdraw rights Mechanical copyright European socie%es
Reciprocal Representa%on agreements for E.E.A.? CISAC CASE was about Performing Rights! (2008)

Mechanical copyright Non- European socie%es

Exis%ng agreements not on EEA basis but by country.

Complex Copyright- Performing

Communica%on to the public: Performing copyright (Interac%ve-Non interac%ve) US performing Rights Org: ASCAP, BMI, SESAC Performing copyright European socie%es
All Reciprocal Representa%on agreements for E.E.A. renewed a^er CISAC CASE? (July 2008)

Mechanical copyright Non-European socie%es

Exis%ng agreements not on EEA basis but by country.

New Digital Music Services

Pan European licensing impossible for start ups. Roll Out Country by Country. Complexity:
what to pay to whom for which repertoire?

Tari
The tari for Pan- European licensing:
No xed/set price per usage across Europe O^en set by Tari Country of Des%na%on Split between Mechanical/Performing income might dier in various countries.

No harmonisa%on of deni%ons/clauses in contracts. Eg status Temporary Download? The Tari should be balanced between author and user to make innova%on possible.

BUILDING A NEW STRUCTURE DDEX - GRD - IMR - DCE

Digital CrossBorder licensing asks for new standards and databases DDEX: standards metadata/ repor%ng Global Repertoire DataBase: musicworks Interna%onal Music Registry:WIPO ini%a%ve UK: Digital Copyright Exchange?

New Structures
A solu%on to the problem? Systems are s%ll under control of the old players. Open Data? Including Non Society works Important to have an ecient transparent system with direct distribu%on to rightsholders

Closing Remarks
The collec%ve is s%ll important New regula%ons from EC needed, not only recommenda%ons One Stop Shop solu%ons will benet the European market

Thank you for your ahen%on Connect and Share:

Mars Mertens @MarsM / mars@OurMusic.Biz