Extended Collective Licensing: a solution or an additional problem? Hubert Best Advokat ENN Advokatbyrå Stockholm hubert.best@hubertbest.eu

1 Background to Nordic extended collective licensing Found in the copyright laws of all the Nordic countries First introduced during the 1960s Viewed as an exception to the author’s exclusive rights

2 The permitted extent of extended collective licences Swedish example The common provisions An extended collective licence: applies to the exploitation of works in a specific manner, when an agreement has been concluded concerning such exploitation of works, with an organisation representing a substantial number of national authors in the field concerned

3 The permitted extent of extended collective licences The specific permitted circumstances Reprographic copying of works excluding computer programs Educational copying of works Archives and Libraries Sound Radio or Televisions Broadcasts excluding all dramatic works and grand rights where "there are otherwise special reasons to assume that [the author] would oppose the broadcast” satellite transmissions (except simultaneous satellite transmissions of terrestrial broadcasts)   Re-transmission of works contained in broadcasts except where the re-transmission right belongs to the original broadcaster

4 The current limitations of extended collective licences The application of extended collective licences is limited to: published works rights of national right holders only prescribed kinds of exploitation standard contract terms including fees must be agreed by a majority of relevant right holders rights which have not been withdrawn by the right holder

5 Sweden’s new copyright law proposal The collective organisation will have to be the organisation ”which is most representative and best represents right holders” Collective extended licences are to be possible for other kinds of uses than those currently specified ”if the licence concerns use in a limited and well defined area” Extended collective licences will apply to ”works used in Sweden” rather than to ”works of Swedish authors” The collective organisation will be required to to publish the licence

6 Wider application of extended collective licensing National right holders or national exploitation of rights? Standard terms of agreements and fees Withdrawal of works A licensing regime compatible with competition law Application to orphan and out-of-commerce works diligent search no longer required? post-licensing search? (Denmark)