Extended Collective Licensing: a
solution or an additional problem?
Hubert Best
Advokat
ENN Advokatbyrå
Stockholm
hubert.best@hubertbest.eu
1 Background to Nordic extended collective licensing
• Found in the copyright laws of all the Nordic countries
• First introduced during the 1960s
• Viewed as an exception to the author’s exclusive rights
2 The permitted extent of extended collective licences
• Swedish example
• The common provisions
• An extended collective licence:
– applies to the exploitation of works in a specific manner,
– when an agreement has been concluded concerning such exploitation
of works,
– with an organisation representing a substantial number
– of national authors
– in the field concerned
3 The permitted extent of extended collective licences
• The specific permitted circumstances
– Reprographic copying of works
– Educational copying of works
– Archives and Libraries
– Sound Radio or Televisions Broadcasts
– Re-transmission of works contained in broadcasts
4 The current limitations of extended collective
licences
• The application of extended collective licences is limited to:
– published works
– rights of national right holders only
– prescribed kinds of exploitation
– standard contract terms including fees must be agreed by a majority of
relevant right holders
– rights which have not been withdrawn by the right holder
5 Sweden’s new copyright law proposal
• The collective organisation will have to be the organisation ”which is most
representative and best represents right holders”
• Collective extended licences are to be possible for other kinds of uses than
those currently specified ”if the licence concerns use in a limited and well
defined area”
• Extended collective licences will apply to ”works used in Sweden” rather
than to ”works of Swedish authors”
• The collective organisation will be required to to publish the licence
6 Wider application of extended collective licensing
• National right holders or national exploitation of rights?
• Standard terms of agreements and fees
• Withdrawal of works
• A licensing regime compatible with competition law
• Application to orphan and out-of-commerce works
– diligent search no longer required?
– post-licensing search? (Denmark)