Conjectures on Governance and Wholesale Licensing

The relationship between copyright management organizations (CMO) and their members is a fairly unusual one, at least by the standard of more ordinary corporations. With examples such as the creation of BMI or the Daft Punk case in mind, one could say that conflicts born of their interaction actually built the current landscape of collective management, and by extension the development of online licensing of copyright.

These recurring clashes are born from the dual nature of right-holders within CMOs. At one level, they supply copyright to be licensed en masse. At another level, they are most of the time voting members of their organizations, shaping their major decisions. The situation is perplexing enough in itself.

But concerns recently increased with the intensification of mandatory collective management, as is the case with private copying schemes, or proposals favoring the Nordic countries system of extended licensing. Non-members whose rights are nevertheless managed by CMOs have thus been added to the equation. This paper will address some of the additional challenges faced by CMOs and non-members when trying to establish a framework for CMOs’ accountability.

Ce contenu a été mis à jour le 8 février 2016 à 12 h 18 min.