crm ukraine. presentation for copycamp 2014

1

Collective rights management

in Ukraine –

the way it should not be

By:

Maksym Naumko

Andriy Bichuk

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

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

17 Collective management

organizations

operating in different spheres

5

The Soviet heritage

Minimal rates of remuneration (royalty)

for use of

copyright and related rights objects

!Makes free sharing illegal!

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

The only way to obtain permission for such

uses is to pay remuneration to

authorized collective management

organizations.

8

This position is based on a vague

wording of the law but it is supported

by the courts.

=(

CC0 http://pixabay.com/en/hammer-bid-sale-auction-court-311343/

9

Principles of distribution of

collected remuneration

NO PRINCIPLES

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 http://pixabay.com/en/chat-discussion-meeting-talk-23713/

11 CC0 http://pixabay.com/en/corrupt-error-problem-stamp-147974/

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

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

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