Title: Collective management organisations on the eve of Directive 2014/26/EU - the case of Portugal

Authors: Victor Castro Rosa

Addresses: Av. Maria Helena Vieira da Silva, n.º 40, 1.º Dt.º 1750-184 Lisboa, Portugal

Abstract: This article describes the current status of Portuguese collective management organisations (CMOs), on the eve of transposition of Directive 2014/26/EU of the European Parliament and of the Council of 26.02.2014 to the Portuguese legal framework. It provides an overview of some historical facts about the past lack of transparency or legality, and identifies the efforts made by the Portuguese legislator to bring more efficiency and balance to, the relationship between CMOs and their members or beneficiaries, as well as towards users. It shows certain aspects still need to be addressed by CMOs in order to comply with the Directive's and national legislation requirements. The enforcement of a 'one-stop shop' licensing solution will be a very difficult task, since not all the CMOs are willing to cooperate. The author welcomes such modernisation of the legal framework and expects CMOs to gain in efficiency as well as in transparency towards both rightholders and users.

Keywords: Portugal; copyright; neighbouring rights; collective management organisations; CMOs; Directive 2014/26/EU; EU Collective Rights Management Directive; Sociedade Portuguesa de Autores; SPA; GDA; AUDIOGEST; GEDIPE; VISAPRESS; AGECOP; Inspectorate General of Cultural Activities; IGAC; transparency; one stop shop; rightholders; intellectual property rights; IPR; licensing.

DOI: 10.1504/IJIPM.2014.070730

International Journal of Intellectual Property Management, 2014 Vol.7 No.3/4, pp.182 - 209

Received: 01 Dec 2014
Accepted: 03 Feb 2015
Published online: 22 Jul 2015 *

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