Izvorni znanstveni članak
https://doi.org/10.31141/zrpfs.2021.58.141.785
The notion of an organization for the collective exercise of rights and an independent management entity
Tomislav Jakšić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
In order to qualify a legal entity as the collective management organization that persons must: 1) manage copyright or rights related to copyright, 2) manage such rights for more than one rightholder (e.g. author), 3) manage such rights for the collective benefit (on behalf) of rightholders and 4) manage such rights as its sole or main purpose. Besides these general conditions the collective management organization must fulfil two additional unique conditions: 1) belonging to or being under control of its members (rightholders or other authorized persons) and 2) being organized on a non-profit basis. On the other hand, the independent management entity, same as the collective management organization, must fulfil the above mentioned four general conditions but also fulfil two distinct conditions: 1) neither belonging to nor being controlled, directly or indirectly, wholly or in part, by rightholders and 2) being organized on a for-profit basis. The paper analyses these conditions with intent to make a clear distinction between the collective management organization and the independent management entity but to differentiate these organizations from other commercial entities that do not collectively manage such rights. Such distinction is also important to determine the level of supervision that the State Intellectual Property Office is undertaking over these two organizations since each of them falls under the different level of such supervision. Besides these conditions, the paper also analyses the corresponding provisions of the draft of the new proposal of the Copyright and the Related Rights Act.
Ključne riječi
collective management of rights; the collective management organization; the independent management entity; copyright; rightholder
Hrčak ID:
262167
URI
Datum izdavanja:
7.9.2021.
Posjeta: 1.005 *