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CRM Ukraine. Presentation for CopyCamp 2014


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Presentation for CopyCamp 2014 (Warsaw, November 6-7)

Published in: Law
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CRM Ukraine. Presentation for CopyCamp 2014

  1. 1. 1 Collective rights management in Ukraine – the way it should not be By: Maksym Naumko Andriy Bichuk
  2. 2. 2 The system of Collective rights management is established by Ukrainian legislation: Law of Ukraine “On copyright and related rights” and number of secondary legislation acts
  3. 3. 3 Collective management organizations in Ukraine are non-profit organizations, controlled by the State Intellectual Property Service of Ukraine - the structure of the Ministry of Economic Development and Trade of Ukraine
  4. 4. 4 17 Collective management organizations operating in different spheres
  5. 5. 5 The Soviet heritage Minimal rates of remuneration (royalty) for use of copyright and related rights objects !Makes free sharing illegal!
  6. 6. 6 The manufacturers of phonograms, and the performers have no right to allow or forbid: - public performance or public demonstration of a phonogram; - broadcast of a performance fixed on a phonogram; - wire broadcast of a performance fixed on a phonogram.
  7. 7. 7 The only way to obtain permission for such uses is to pay remuneration to authorized collective management organizations.
  8. 8. 8 This position is based on a vague wording of the law but it is supported by the courts. =( CC0
  9. 9. 9 Principles of distribution of collected remuneration NO PRINCIPLES
  10. 10. 10 There is a discussion between collective management organizations - Based on reports provided by the HoReCa owners - Based on the radio stations play lists How to distribute collected remuneration? CC0
  11. 11. 11 CC0
  12. 12. 12 Dmytro Tabachnyk Minister of Education and Science of Ukraine (March 2010 – February2014) Oleksiy Yanov First Deputy Head of the State Service of Intellectual Property (January 2011 – February2014) Private company Ukrainian League of copyright and related rights (founded 30.11.2010) Private company Organization of collective management of copyright and related rights (founded 15.12.2010) Mykhaylo Tabachnyk Brother of Dmytro Tabachnyk, businessman Oleksandr Nikin Legal counsel of Ukrainian League of copyright and related rights University classmates provided services to Mykhaylo Tabachnyk firms
  13. 13. 13 Last summer State Intellectual Property Service of Ukraine introduced a draft of new law “On collective management of proprietary rights of copyrights and related rights holders”
  14. 14. 14 New Law - Establishes principles of collective management in Ukraine; Establishes criterions for appointing a collective management organization as “authorized”; - Determines a percentage of collected remuneration to be used for the maintenance of collective management organizations; - Establishes a responsibility of collective management organizations to inform public on their financial activities. Andriy Bichuk Maksym Naumko