Collective rights management in the field of copyright, SOU 2015:47

The referral was received from the Ministry of Justice

From the point of view of IT&Telecom companies

Article 16 - Relationship with users

The IT&Telecom companies support the report's proposal on the implementation of the directive's provisions regarding:

• Art 16.1 (duty to inform)
• Art 16(2) (objective and non-discriminatory criteria, right to fair compensation, tariffs reflecting their economic commercial value, information on tariff criteria)
• Art 16(3) (reply to requests, offer of license or reasoned refusal)
• Art 16(4) (communication by electronic means)

The full implementation of Article 16 into Swedish law is vital for users and for the members of IT&Telecom companies. It is clear from the letters attached to the report that the rules of conduct stipulated in Article 16 are expected to have a major effect in speeding up agreements between users and collective management organizations. In our view, the preparatory work for the new law should give examples of what conduct is not compatible with the rules in Chapter 9.

Read the full response from IT&Telecom companies

IT&Telekomföretagen has been given the opportunity to respond to the consultation, Collective rights management in the copyright area, SOU 2015:47.

The Directive on collective rights management contains requirements to ensure that collective management organizations manage copyright and related rights in a well-functioning way. The Directive also provides for cross-border licensing of copyright in musical works for online use.

The inquiry has essentially proposed an implementation that does not go beyond what is required by the directive, as more far-reaching provisions may entail competitive disadvantages. The Commission's starting point has been that the proposal for new provisions should be in line with the level of requirements set by the Directive.

The Inquiry has concluded that the provisions necessary to implement the Directive should be set out in a new Act. The inquiry has consistently sought solutions that are compatible with existing Swedish principles and systems, both in terms of the regulatory framework and the practical arrangements for collective management.

The CRM Directive contains requirements in relation to (i) the governance and control of collective management, (ii) the collection, management and disbursement of funds collected by the organizations, (iii) the organizations' relations with other collecting societies, (iv) the relationship with users, and (v) transparency, provision of information and reporting. In addition, the Directive contains conditions and requirements for cross-border licensing in certain cases and finally provisions on compliance and supervision.