CRM Ukraine. Presentation for CopyCamp 2014
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1 Collective rights management in Ukraine – the way it should not be By: Maksym Naumko Andriy Bichuk
Transcript of CRM Ukraine. Presentation for CopyCamp 2014
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Collective rights management
in Ukraine –
the way it should not be
By:
Maksym Naumko
Andriy Bichuk
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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
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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
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17 Collective management
organizations
operating in different spheres
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The Soviet heritage
Minimal rates of remuneration (royalty)
for use of
copyright and related rights objects
!Makes free sharing illegal!
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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.
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The only way to obtain permission for such
uses is to pay remuneration to
authorized collective management
organizations.
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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/
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Principles of distribution of
collected remuneration
NO PRINCIPLES
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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/
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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
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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”
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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
