The elements of the Directive 2014/26/EU on collective management and multi-territorial licensing that may influence the administration of performers' rights in the online environment

Abstract

Title III of the Directive 2014/26/EU of 26 February 2014, regulates multiterritorial licensing by collective management organisations of authors' rights in musical works for online use. Nevertheless, the system of multi-territorial licences does not apply to related rights. This article intends to provide a general view of the legal and practical consequences arising from the exploitation acts, through the online environment, with regard to performers' and producers' intellectual property rights: the relevant rights involved (the differences between the making available and communication to the public rights) and the difficulties for performers on getting a fair remuneration in this environment. The experiences on collective management, with a particular focus on the Spanish transposition of the making available right and other legal systems are also explained.