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Collective Management of press clippings in Spain

Collective Management of press clippings in Spain. Susana Checa Prieto Brussels , 10 th June 2011. Outline. Legal framework Consequences of the legal framework SWOT analysis Summary Conclusion. 2. 1. Legal framework (I). TWO RULES FOR TWO DIFFERENT USES. FOR PROFIT COMPILATIONS

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Collective Management of press clippings in Spain

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  1. Collective Management of press clippings in Spain Susana Checa Prieto Brussels, 10th June 2011

  2. Outline Legal framework Consequences of the legal framework SWOT analysis Summary Conclusion 2

  3. 1. Legal framework (I) TWO RULES FOR TWO DIFFERENT USES FOR PROFIT COMPILATIONS PCAs CLIENTS INTERNAL USE OF CLIPPINGS Art. 32 Spanish Intellectual Property Act Art. 17 Spanish Intellectual Property Act

  4. 1. Legal framework (II): COMPILATIONS • Spanish Intellectual Property Act (Royal Legislative Decree 1/1996, modified by Law 23/2006) • Quotation includes the compilation of newspaper and magazine articles LEGAL EXCEPTION • For profit compilations • (i.e.- commercial purpose: product sold to a third party) TWO OPTIONS Objection from author: individual permission or collective licence No objection from author: remuneratedlegal exception

  5. individual permission or collective licence is required 1. Legal framework (III): INTERNAL USE OF CLIPPINGS • Spanish Intellectual Property Act (Royal Legislative Decree 1/1996, modified by Law 23/2006) • Quotation includes the compilation of newspaper and magazine articles LEGAL EXCEPTION • Internal use of clippings GENERAL RULE Exclusive right of author to decide the use of the work

  6. 1. Legal framework (IV): Definitions under the law PUBLISHER AUTHOR

  7. STEP 1 STEP 2 2. Consequencesof the legal framework (I) For profit compilation PCAs LEGAL EXCEPTION END USERS Internal use of clipping

  8. 2. Consequencesof the legal framework (II) • Is the system working? NO • Agreement RH – PCAs considered anticompetitive • Not every press clipping agency has a license. • CEDRO can not approach the “second” market yet. • But we are establishing the basis for the approach. Right holders PCAs 8

  9. 3. SWOT analysis Weaknesses Strengths The right is established Open interpretation of the law CEDRO is acknowledged as a player in the market Dysfunctional market CEDRO has never been charged with a misdemeanor under the law Low level of remuneration for RH Amendments to the law Art. 17 & 32 have yet to be monetized CEDRO can provide a win-win solution for all parties RH eligibility for remuneration can yet be appealed to a higher court Develop a simple and secure system for RH and users RH risk averse to legal challenges Opportunities Threats

  10. 4. Summary Legal system is not practical RH are not able to protect and monetize their rights RH are concernedthatfinancialrewards will not compensate for the risk of future legal challenges CEDRO is working towards consolidating its position in the market. CEDRO could provide a win-win solution for all players 10

  11. 5. Conclusion Challenging situation - CEDRO should work the system for the benefit of every party and is in the position to do so 11

  12. C E N T R O E S P A Ñ O L D E D E R E C H O S R E P R O G R Á F I C O S Thank you for your attention • Find us: • www.cedro.org • blog.cedro.org • twitter.com/cedroenlinea • facebook.com/cedrocomunicacion

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