Role of Collective Management Organizations for Protection of Performers' Right in Music Industry: In the Era of Digitalization

• Autores: Aurobinda Panda, Atul Patel
• Localización: Journal of world intellectual property, ISSN 1422-2213, Vol. 15, Nº 2, 2012, págs. 155-170
• Idioma: inglés
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• Resumen

  • Collective Management Organizations (CMOs) (i.e. organizations that specialize in administering “copyrights held by a large number of owners”) play a fundamental role in the copyright system. It is not appropriate to separate copyright and performer's right for the purpose of having a separate legal regime for the protection of rights of the performers to be more specific in the music industry. In this paper Part I is concerned with the history and development of CMOs and the internal efficiency of collecting societies in the field of music. Part II deals with International developments in this area of intellectual property. It has gained so much trade interest that both WIPO and WTO stand together on the issues of protection and have compelled the member-countries to bring their domestic laws into conformity with an international commitment that facilitates trade. In Part III of this paper, an attempt has been made by the authors to highlight and identify the protection regime, loopholes and remedies in the Indian scenario for the performer's rights under the Copyright Act, 1957. Finally, in Part IV the authors believe that the international community should come up with a collective rights organization which could bring uniformity, fairness, and efficiency to the process of transferring digital media in the era of digitalization.