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Aspecte privind gestiunea colectivă
Issues on collective management

Author(s): Ramona Bârlog, Gheorghe Gheorghiu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: collective management; collective management body; author; holder of rights; management of rights

Summary/Abstract: The collective management bodies are "legal entities established by free association, whose business line is mainly the collection and distribution of rights whose management is entrusted to them by the holders". The differences existing between national legislations, as well as the specificity of the categories of works and rights managed have led to the formation of various types of collective management bodies. From the point of view of the legal system, the collective management bodies may be public, private or even mixed, non-profit or lucrative, charitable or corporate. According to the results obtained following the consultations carried out, as early as since 1995, by the European Commission with all the parties interested in the collective and individual management of rights, "it seems that the efficiency of a collective management company is not influenced by its legal form. A management company may be established in the form it chooses or in the form required by the national law, as long as it complies with the relevant national legislation and provided the legislation produces no discriminatory effects".

  • Issue Year: 2010
  • Issue No: 03
  • Page Range: 26 - 41
  • Page Count: 16
  • Language: Romanian