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Collective Management of Copyright

In principle, the author and other copyright holders can manage their copyright on their own, but they can also choose to be assisted by a Management Organization or an Independent Management Operator to act on their behalf. The collective management of copyright is regulated in Title IV of Book III of the Intellectual Property Law.

Copyright Collective Management Organizations

The Management Entities are non-profit organizations dedicated to the management of copyright on behalf of several authors or other copyright holders. For their operation, management entity will need authorization from the Ministry of Culture, which will be published in the Official State Gazette (BOE). Collective management organizations are owned by of their partners and will be subject to their control.

It is necessary a management contract through which rights management is entrusted to an entity by the rights holder, without transferring the ownership of them. The management entities may then grant non-exclusive authorization to use a work, collect and distribute the remuneration received, as well as prevent and detect violations of rights and seek measures for clearing. Their intervention may be voluntary or mandatory, as there are rights that can only be made effective through them (for example, compensation for private copying of article 25).

The law also establishes specific rules applicable to those management entities of other States that operate in Spain (Article 151) and to entities dependent on a management entity (Article 152).

The entities are more or less specialized according to the type of works (musical, choreographic, plastic) and holders (authors, artists, producers). To consult the authorized management entities and their rates, you can visit the website of the Ministry of Culture and Sports. 

Independent management operators

An independent management operator is an entity legally constituted and authorized by a management contract to manage exploitation or other property rights in the name and collective benefit of several rights holders.

They differ from traditional management entities in that they are for-profit organizations and in that the rights holders are not in charge of their control or management.

To consult the independent management operators who have informed the Ministry of Culture and Sports of starting their activities in Spain, you can visit the website of the Ministry of Education, Culture and Sports.

 

 

University library - Intellectual Property


Universidad de Alicante
Carretera de San Vicente del Raspeig s/n
03690 San Vicente del Raspeig
Alicante (Spain)

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Fax: (+34) 96 590 3464

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Carretera San Vicente del Raspeig s/n - 03690 San Vicente del Raspeig - Alicante - Tel. 96 590 3400 - Fax 96 590 3464