Who knocks at the door? …. Collective management arrived at the event … In search of balance - ASIPI Puerto Rico 2017

Who knocks at the door? …. Collective management arrived at the event … In search of balance

Collective management represents the holders of copyright and related rights in the patrimonial management of their rights, holders who have the option of authorizing or prohibiting the use of what the law protects them. However, the exercise of such management often causes users of works and phonograms questions such as, is there a simpler way to pay for the rights and pay them for effective use? How was the rate defined? How many times do you have to pay? Under the model followed in most countries of continental law (Ibero-America included with some exceptions), there is usually a monopoly by category of work for collective management purposes, in other countries the model is open. In general, in those States where collective management has been discussed or has been discussed in recent years (i.e. the European Union), such discussion has been aimed at promoting a more efficient, transparent and facilitative operation; also in order to incorporate criteria for the definition of the rate, effective use and online use, a scenario in which, in particular, the theme of multi-territorial licenses is developed. Users advocate for their incorporation in the process of determining the rates and for the incorporation of independent mechanisms for the settlement of disputes with management companies. The panel invites, through the presentation of the foundations of collective management and the arguments of users of works, to objectively discuss the balance of interests between right holders, management entities and users and the public facing the collective management of the 21st century and facing the new technological scenarios.