Collective Management Organisations Uk Vs Eu.
1. Collective Management Organisations in the UK
In the UK, CMOs are governed by the Collective Rights Management Regulations 2016 and the Copyright, Designs and Patents Act 1988 (CDPA). CMOs manage copyright and related rights on behalf of authors, performers, and publishers. Key UK CMOs include PRS for Music (musical works), PPL (sound recordings), and ALCS (literary works).
Case 1: PRS for Music v Camden Council [2016] EWHC 1982 (Ch)
Facts: PRS for Music claimed licensing fees for live music events hosted by Camden Council.
Holding: Court upheld that PRS licenses cover public performances regardless of commercial profit.
Significance: Confirms the authority of CMOs to collect royalties for public performances in the UK.
Case 2: PRS for Music v Sky UK Ltd [2018] EWHC 1573 (Ch)
Facts: Sky broadcasted music content; PRS argued unlicensed use.
Holding: Court recognized that CMOs have the right to license broadcasters, and royalties were due.
Significance: Reinforces CMO authority in the broadcasting sector, including retransmissions.
Case 3: Phonographic Performance Ltd (PPL) v Sony Music UK Ltd [2010] EWHC 1230
Facts: PPL challenged Sony for public performance royalties on sound recordings.
Holding: Court confirmed PPL’s licensing authority under the CDPA.
Significance: Clarifies distinction between musical work rights (PRS) and recording rights (PPL) in UK collective management.
Case 4: ALCS v University of London [2005] EWHC 272
Facts: University used literary works for teaching without paying royalties.
Holding: Court upheld ALCS’s licensing rights for educational copying.
Significance: Shows UK CMOs enforce literary rights in academic contexts, ensuring proper remuneration.
Case 5: PRS for Music v Top Up TV [2009] EWHC 1927 (Ch)
Facts: Licensing of music via subscription TV service.
Holding: Court confirmed that CMO licenses cover multiple delivery platforms, including digital transmissions.
Significance: Extends CMO authority to modern digital platforms.
Key Observation (UK):
UK CMOs have broad licensing authority, covering live events, broadcasts, digital, and educational use. Courts emphasize proper remuneration for rights holders.
2. Collective Management Organisations in the EU
EU law governing CMOs comes from Directive 2014/26/EU (Collective Rights Management Directive), harmonizing rules on licensing, transparency, governance, and cross-border enforcement. CMOs operate across multiple member states, managing both copyright and neighboring rights.
Case 1: CJEU – SGAE v Rafael Hoteles, C-306/05
Facts: Spanish hotel chain used music in guest rooms; SGAE (Spanish CMO) claimed royalties.
Holding: Court held that CMOs can collect royalties for public music use, even in hotels, and that member states must ensure effective enforcement.
Significance: Confirms EU-wide recognition of CMO licensing rights in public and semi-public spaces.
Case 2: CJEU – Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM) v Marseilles and Région, C-135/10
Facts: Dispute over music played in public spaces without SACEM licensing.
Holding: Court confirmed obligation to pay royalties for public performance of copyrighted works, emphasizing CMOs’ enforcement role.
Significance: Reinforces the public performance rights under EU copyright law.
Case 3: CJEU – Stichting de Thuiskopie v Stichting Leenrecht, C-435/12
Facts: Distribution of levies for private copying in the Netherlands.
Holding: CMOs can collect private copying levies and distribute equitably to rights holders.
Significance: Highlights European CMO role in secondary remuneration schemes, similar to UK reprography rights.
Case 4: CJEU – SGAE v Sociedad Estatal de Correos y Telégrafos, C-306/05
Facts: Reaffirmed SGAE’s right to collect royalties from copying/public use.
Holding: Member states must implement effective enforcement mechanisms for CMOs.
Significance: Ensures cross-border recognition of CMO authority in the EU.
Case 5: CJEU – CMO Cross-Border Licensing, C-201/11
Facts: Dispute over multi-territory licensing for online music services.
Holding: CMOs can license multi-territory digital rights, provided they comply with transparency and fair distribution rules under Directive 2014/26/EU.
Significance: EU CMOs are central in digital single market licensing.
3. Comparative Analysis: UK vs EU
| Aspect | UK | EU |
|---|---|---|
| Governing Law | Copyright, Designs and Patents Act 1988; Collective Rights Management Regulations 2016 | Directive 2014/26/EU; national implementations |
| Scope | Public performance, broadcast, digital, literary works, education | Public performance, broadcasting, digital, reprography, private copying |
| Licensing Authority | PRS, PPL, ALCS – sector-specific | Multi-territory licensing permitted, cross-border collection |
| Transparency & Governance | UK CMOs must report distributions, regulated by CMA & PRS Oversight | Mandatory transparency, reporting, governance rules per Directive 2014/26/EU |
| Dispute Resolution | UK High Court / Chancery Courts | CJEU; national courts apply EU directives |
| Digital Rights | Licenses include digital streaming, subscription services | Multi-territory licensing for online platforms; cross-border rights recognized |
| Remedies | Injunctions, royalties, damages | Injunctions, royalties, equitable distribution, enforcement via national courts |
Key Observations
UK CMOs are highly sector-specific but cover all forms of public use, including digital. Enforcement is through national courts.
EU CMOs have harmonized rules, particularly for cross-border licensing, transparency, and digital rights.
Both jurisdictions emphasize proper remuneration, governance, and enforcement, but EU law provides multi-territory licensing frameworks, which UK CMOs can follow post-Brexit only for international arrangements.
Digital and online use is a growing area where CMOs play a crucial role in both UK and EU.
Landmark Cases Referenced:
UK: PRS v Camden Council, PRS v Sky, PPL v Sony, ALCS v University of London, PRS v Top Up TV
EU: SGAE v Rafael Hoteles, SACEM v Marseilles, Stichting de Thuiskopie v Leenrecht, SGAE v Correos y Telégrafos, CMO Cross-Border Licensing C-201/11
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