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Extended collective licensing

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2024
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Abstract (EN)

As a conclusion of technological progress, the Internet has named as the main channel where the intellectual products subject to copyright are distributed. The use of digital technology by many people or institutions in many places and in many ways has especially affected the products that are subject to copyright. On the other hand The European Union (EU), within the scope of the Digital Single Market creation strategy, has added the Digital Signal Market Directive EC 2019/790 to its regulations. Extended Collective Licensing (ECL) is regulated in 8th and 12th articles of the mentioned directive. ECL is a system that enables the copyright permisson obtained use of works such as music, audio-visual, cinema, etc., which are massively used in digital media. As some uses especially like television broadcasts include a large amount of copyright items or works, in the digitalized world, it becomes costly as well as tough and even imposibble obtaining authorisations from right-holders by negotiating with all of them. If the rightholders of the intellectual products don't give authorisation of the exercise of their rights to a collecting society in another words, ıf they are not member of this organisation, obtaining permission for such uses would be very hard and transaction costs would be very high for the users and creates a greater issue as for the protection of benefits of the right-holders. Besides that the largest copyright challenge for Cultural Heritage Instutitions is the process of identification of right holders of copyright and clearence of rights, i.e obtaining authorization of licences for use of in-copyright works. When it's considered for cross-border online uses, it is more complex. In the digital age with the regulation of ECL, a system has been predicted to ensure that the licence agreements made between collecting societies and users are valid for authors and related-right holders who are not members of any collective rights management organisations.

Author

Hilal Erçal

How to Cite

Hilal Erçal (Doctorate thesis). Extended collective licensing, 2024, Ankara Yıldırım Beyazıt University.

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