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COLLECTIVE MANAGEMENT OF COPYRIGHT REGULATIONS 2016

On the 12th May 2016, the Collective Management of Copyright Regulations 2016 were published transposing the requirements of Directive 2014/26/EU on the collective management of copyright.

The legislation implements standards in the operation of collective management organisations and independent management entities and introduces a framework for the supply of multi-territorial licences for online musical works.

Under these regulations, a "collective management organisationmeans an organisation which:

"(a) is authorised by law or by way of assignment, licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one right holder, for the collective benefit of those right holders, as its sole or main purpose; and

(b) is either owned or controlled by its members or is organized on a not for profit basis or both;"

An "independent management entity" means an organisation which:

"(a) is authorised by law or by way of assignment, licence or any other contractual arrangement to manage copyright or rights related to copyright on behalf of more than one right holder, for the collective benefit of those right holders, as its sole or main purpose;

(b) is neither owned nor controlled, directly or indirectly, wholly or in part, by right holders; and

(c) is organised on a for profit basis;"

The GRA is responsible for monitoring compliance and ensuring that procedures exist enabling the relevant persons to notify it of activities or circumstances which constitute a breach of these regulations.

Collective Management Organisations or Independent Management Entities established in Gibraltar should therefore contact our offices at the above address or directly via email, broadcasting@gra.gi

 

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