An overview of collective management in

Taiwan and its challenges

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2016 Collective Management Organizations’Practice Symposium

Overview of Collective Management in Taiwan

Challenges facing Taiwan’s CMOs in the digital era

Prospect for Taiwan CMOs

Outline

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Overview of Collective Management in Taiwan

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Multiple CMOs

Legal basis: “Copyright Collective Management Organization Act”

TIPO's supervision and guidance measures

Issues concerning CMOs

Directions in the review of “Copyright Collective Management Organization Act”

Multiple CMOs

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Music Copyright Society of Chinese Taipei(MÜST)

Music Copyright Intermediary Society of Taiwan(TMCS)

Recording Copyright & Publications Administrative Society of Chinese Taipei(RPAT)

The Association of Recording Copyright Owners of R.O.C(ARCO)

Musical works

"Public broadcast” "Public performance” "Public transmission"

Sound recordings

"Public broadcast“ “The right of claim payment of Public performance remuneration (And for the purpose of reproduce needs)” "Public transmission"(reproduction of sound recordings)

Audio-visual works

"Public broadcast” "Public presentation” "Public transmission" (reproduction of audiovisual works)

Legal basis: “Copyright Collective Management Organization Act”

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• Inspection of a CMO’s operational and financial status

• May order CMOs to make correction, replace its director or staff member who committed the act, or have them suspended from duty.

• The royalty rates may not be implemented prior to 30 days, of the announcement

• A user who objects to a royalty rate set by a CMO may appeal to TIPO

• TIPO may designate CMOs to adopt a Joint royalty rate on a specific type of use

• The Act provides formation of collective societies and supervision of operations

• The operation of CMOs should be in accordance with the regulations, its articles of organization, distribution rules, as well as management agreements.

• Promoters should apply to TIPO to establish a CMO

• Minimum number of promoters for different work categories

1. Permitted by TIPO

3. Self- Governance

4. TIPO’s Guidance And Supervision of

CMOs

2. Examination of royalties

(Based on users application)

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TIPO's supervision and guidance measures

Accounting Standards of Copyright

Collective Management Organization

Collecting Society Code of Conduct

Finance

Collective management

Services

Inspection of CMOs’ operational and financial status

Published on 2016.10.7

(TIPO )

Annually (TIPO )

Published on 2016.8.4

(TIPO)

Issues concerning CMOs

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Request for review the mechanism of “Examination of royalties ”

(1)Examination of the royalties should be replace By Mediation of Disputes (CMOs)

(2)Abolishing the mandatory of “A monetary amount set on a per use - per work basis” (CMOs)

(3)Mandatory negotiation process before the announcement of royalty rates (Users)

(4)Single Payment (Users)

Self-governance

(1) Users complain about lacking transparency in collective management services

(2) CMOs seem unable to provide better collective management services

High proportion of individual right holders

(1) Increasing cost of licensing

(2) What can be done to encourage individual right holders to join a CMO?

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Directions in the review of “Copyright Collective Management Organization Act”

Review

Collective

Management

Examination of royalties,

Scope of collective

management

Self- Governance

of CMOs

Methods of Election and

Discharge of Directors,

Internal Controls

Guidance

and Supervision of

CMOs

Strengthen CMOs’ financial

management (Reward,

Guidance, Supervision, and

Penal Provisions )

Directions Issues

Challenges facing Taiwan’s CMOs in the digital era

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Transparency

e-Services

Extended Collective License(ECL)

Transparency on Collective Management

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Legal and current status

(1) A charitable organization

(2) Lack of transparency and efficiency

Annual report available to the public

(1) Social responsibility of CMOs

(2) Foundation of mutual trust

GEMA(Germany)、JASRAC(Japan)

e-Services

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Development of Online Music Repertoire Database

(1) Lower search cost

(2) Increase public access to copyrighted works

Development of online licensing system

(1) Lower licensing cost

(2) Simplify contracting procedures

JASRAC(Japan) 、GEMA(Germany)、ASCAP(USA)、BMI(USA)

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Extended Collective License(ECL)

CMOs in Northern Europe

Emphasis on international legislative trends(ex:Japan…)

Research on different laws and regulations to this effect(ECL)

High proportion of individual right holders

How to deal with the licensing issue for

those individual right holders who do not joint CMO?

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Prospect for Taiwan’s CMOs

A communication platform for information sharing

International laws and regulations

IT(Online Music Repertoire Database)

Transformation of licensing market (Online licensing)

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Thank you