The economic rights are the rights of reproduction, broadcasting, public performance, adaptation, translation, public recitation, public display, distribution, and so on.
The moral rights include the author's right to object to any distortion, mutilation or other modification of his work that might be prejudicial to his honour or reputation.
Both sets of rights belong to the creator who can exercise them. The exercise of rights means that he can use the work himself, can give permission to someone else to use the work or can prohibit someone else from using the work. The general principle is that copyright protected works cannot be used without the authorisation of the owner of rights. Limited exceptions to this rule, however, are contained in national copyright laws. In principle, the term of protection is the creator's lifetime and a minimum of 50 years after his death.

Related rights

Whereas the rights provided by copyright apply to authors, "related rights", also known as "neighbouring rights" concern other categories of owners of rights, namely, performers, the producers of phonograms and broadcasting organisations.

Related rights are the rights that belong to the performers, the producers of phonograms and broadcasting organisations in relation to their performances, phonograms and broadcasts respectively.

Related rights differ from copyright in that they belong to owners regarded as intermediaries in the production, recording or diffusion of works. The link with copyright is due to the fact that the three categories of related rights owners are auxiliaries in the intellectual creation process since they lend their assistance to authors in the communication of the latter's works to the public. A musician performs a musical work written by a composer; an actor performs a role in a play written by a playwright; producers of phonograms -- or more commonly "the record industry" -- record and produce songs and music written by authors and composers, played by musicians or sung by performers; broadcasting organisations broadcast works and phonograms on their stations.

Collective management of copyright

The creator of a work has the right to allow or to prohibit the use of his works; a playwright can consent to his work being performed on stage under certain agreed conditions; a writer can negotiate a contract with a publisher for the publication and distribution of a book; and a composer or a musician can agree to have his music or performance recorded on compact disc.

These examples illustrate how the owners of the rights can exercise their rights in person. Other cases show that individual management of rights is virtually impossible with regard to certain types of use for practical reasons. An author is not materially capable of monitoring all uses of his works; he cannot for instance contact every single radio or television station to negotiate licenses and remuneration for the use of his works.
Conversely, it is not practical for a broadcasting organisation to seek specific permission from every author for the use of every copyrighted work. An average of 60'000 musical works are broadcast on television every year, so thousands of owners of rights would have to be approached for authorisation. The very impracticability of managing these activities individually, both for the owner of rights and for the user, creates a need for collective management organisations, whose role is to bridge the gap between them in these key areas, among others.

Collective management is the exercise of copyright and related rights by organisations acting in the interest and on behalf of the owners of rights.

Composers, writers, musicians, singers, performers and other talented individuals are among society's most valuable assets. In order to develop their talent and encourage them to create, we have to give those individuals incentives, namely remuneration in return for permission to make use of their works.
Collective management organisations are an important link between creators and users of copyrighted works (such as radio stations) because they ensure that, as owners of rights, creators receive payment for the use of their works.

Members

Membership of collective management organisations is open to all owners of copyright and related rights, whether authors, composers, publishers, writers, photographers, musicians, or performers. Broadcasting organisations are not included in the list, as they are considered users, even though they have certain rights in their broadcasts. On joining the collective management organisation, members provide some personal particulars and declare the works that they have created. The information provided forms part of the documentation of the collective management organisation that allows the link between the use of works and payment for the use of works to be made to the correct owner of the rights. The works declared by the organisation's members constitute what is known as the "national" or "local" repertoire (as opposed to the international repertoire which is made up of the foreign works managed by collective management organisations in the world).

Collective management rights

Collective management organisations most commonly take care of the following rights:
The right of public performance (music played or performed in discotheques, restaurants, and other public places);
The right of broadcasting (live and recorded performances on radio and television);
The mechanical reproduction rights in musical works (the reproduction of works in CDs, tapes, vinyl records, cassettes, mini-discs, or other forms of recordings);
The performing rights in dramatic works (theatre plays);
The right of reprographic reproduction of literary and musical works (photocopying);
Related rights (the rights of performers and producers of phonograms to obtain remuneration for broadcasting or the communication to the public of phonograms).

Collective management workings

There are various kinds of collective management organisation or groups of such organisations, depending on the category of works involved (music, dramatic works, "multimedia" productions, etc.) that will collectively manage different kinds of right.

"Traditional" collective management organisations, acting on behalf of their members, negotiate rates and terms of use with users, issue licenses authorising uses, collect and distribute royalties. The individual owner of rights does not become directly involved in any of these steps.

Rights clearance centres grant licenses to users that reflect the conditions for the use of works and the remuneration terms set by each individual holder of rights who is a member of the centre (in the field of reprography, for instance, authors of written works such as books, magazines and periodicals). Here the centre acts as an agent for the owner of the rights who remains directly involved in setting the terms of use of his works.

"One-stop-shops" are a sort of coalition of separate collective management organisations which offer users a centralised sources where authorisations can be easily and quickly obtained. There is a growing tendency to set up such organisations on account of growing popularity of "multimedia" productions (productions composed of, or created from, several types of work, including computer software) which require a wide variety of authorisations.

Musical Works (encompassing all types of music, modern, jazz, classical, symphonic, blues and pop whether instrumental or vocal), documentation, licensing and distribution are the three pillars on which the collective management of the rights of public performance and broadcasting is based.
The collective management organisation negotiates with users (such as radio stations, broadcasters, discotheques, cinemas, restaurants and the like), or groups of users and authorises them to use copyrighted works from its repertoire against payment and on certain conditions. On the basis of its documentation (information on members and their works) and the programs submitted by users (for instance, logs of music played on the radio), the collective management organisation distributes copyright royalties to its members according to established distribution rules. A fee to cover administrative costs, and in certain countries also socio-cultural promotion activities, is generally deducted from the copyright royalties. The fees actually paid to the copyright owners correspond to the use of the works and are accompanied by a breakdown of that use. These activities and operations are performed with the aid of computerised systems especially designed for the purpose.

Dramatic Works (which includes scripts, screenplays, mime shows, ballets, theatre plays, operas and musicals), the practice of collective management is rather different in that the collective management organisation acts as an agent representing authors. It negotiates a general contract with the organisations representing theatres in which the minimum terms are specified for the exploitation of particular works.
The performance of each play then requires further authorisation from the author, which takes the form of an individual contract setting out the author's specific conditions. The collective management organisation then announces that permission has been given by the author concerned and collects the corresponding remuneration.

Printed Works (meaning books, magazines, and other periodicals, newspapers, reports and the lyrics of songs), collective management mainly involves the grant of the right of reprographic reproduction, in other words allowing protected material to be photocopied by institutions such as libraries, public organisations, universities, schools and consumer associations. Non-voluntary licensing arrangements, when allowed by international conventions, can be written into national legislation; in such cases, a right of use against remuneration is accorded that does not require the consent of the owner of rights. Collective management organisations administer the remuneration. In the special case of reproduction for private and personal use, some national legislation contains specific provision for equitable remuneration payable to the owners of rights and funded by a levy imposed on equipment or photocopies or both.

Related Rights through the national legislation of some countries provide for a right of remuneration payable to performers or producers of phonograms or both when commercial sound recordings are communicated to the public or used for broadcasting. The fees for such uses are collected and distributed either by joint organisations set up by performers and producers of phonograms or separate ones, depending on the relation of those involved and the legal situation within the country.

Jurisdiction

The application of national laws that establish rights in literary and artistic works and in related rights has an effect only within the boundaries of that country. According to the national treatment principle enshrined in both the Berne Convention and the Rome Convention, foreign owners of rights are treated in the same way as nationals in most respects. This principle is upheld by collective management organisations which, under reciprocal representation agreements, administer foreign repertoires on their national territory, exchange information and pay royalties to foreign owners of rights.

Non-governmental organisations

There is now a well-established global network of collective management organisations, and they are strongly represented by non-governmental organisations such as the International Confederation of Societies of Authors and Composers (CISAC), the International Federation of Reprographic Reproduction Organisations (IFRRO), and at the European level, the Association of European Performers Organisations (AEPO), the International Federation of Actors (FIA), the International Federation of Musicians (FIM), the International Federation of the Phonographic Industry (IFPI). .

Socio-economic and cultural dimension

Collective management does a valuable service to the world of music and other creative arts. By managing their rights, the system is rewarding creators for their work, and the creators in turn are more inclined to develop and apply their talents in an environment that provides adequate copyright and related rights protection and an efficient system for the management of rights. Such a situation encourages creators to contribute to the development of the cultural sector, attracts foreign investment and generally enables the public to make the most of a broad array of works. Together, these factors have an undeniably favourable impact on national economies; cultural industries contribute up to 6% of the gross national product of some major countries, income from the collective management of copyright and related rights accounts for a substantial part of that percentage.

Some collective management organisations offer various kinds of social welfare protection to their members. The benefits often include assistance with payment for medical treatment or insurance, annuities on retirement or some sort of guaranteed income based on the members royalty payments history.

Collective management organisations may sponsor cultural activities to promote the national repertoire of works at home and abroad. They promote the holding of theatre festivals, music competitions, productions of national folklore and music anthologies and other such activities.
Welfare protection and the promotion of cultural activities are not compulsory. When they are provided for, however, they may take the form of a deduction that the collective management organisation makes from the royalties collected. There is no unanimous view among collective management organisations on the idea of a deduction, which according to the rules of CISAC should not represent more than 10% of net income.

Collective management and the digital environment
Copyrighted works will be increasingly delivered in digital form via global networks such as the Internet. As a result the collective management of copyright and related rights by public, semi-public and market sector entities will be re-engineered to take advantage of the efficiency gains offered by information technology.

The ever-increasing opportunities offered to the holders of rights by the Internet and the advent of "multimedia" productions are affecting the conditions of protection, the exercise and management of copyright and related rights, and also the enforcement of rights.

In the online world of the new millennium, the management of rights is taking on a new dimension. Protected works are now digitalised, compressed, uploaded, downloaded, copied and distributed on the Internet to any place in the world. The expanding power of this network allows mass storage and online delivery of protected material. The possibility of downloading the contents of a book, or to listen to and record music from cyberspace is now a reality. While this presents immeasurable opportunities, there are also many challenges for owners, users and collective management organisations.
Many collective management organisations have developed systems for online delivery of information relating to the licensing of works and content, the monitoring of uses and the collection and distribution of remuneration for various categories of works within the digital environment. These digital information systems, which depend on the development and use of unique numbering systems and codes that are embedded in digital carriers such as CDs, films, allow works, the rights owners, the digital carriers themselves to be properly identified and provide other relevant information. Adequate legal protection is needed to prevent acts intended to circumvent technical protection measures, and also to insure against the removal or alteration of any elements of the digital information systems or other such practices.

Known as "the Internet treaties," the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty deal among other things with obligations concerning technological protection measures and rights management information in the digital environment; they ensure that the owners of rights are protected when their works are disseminated on the Internet; they also contain provisions requiring national legislators to provide efficient protection for technological measures, by prohibiting the import, manufacture and distribution of illicit circumvention tools or material and also outlawing acts detrimental to rights management information systems.