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1 Mitko Chatalbashev ECL Conference, Warsaw “One-stop shops” as effective collective management solutions in Central and Eastern Europe (CEE) Mitko CHATALBASHEV (CISAC/BIEM) Source language: English
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2 Outline About CISAC One-stop shop features Music market in CEE Need for one-stop shop solutions Role of state regulation Collections’ statistics Conclusions
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3 CISAC - Worldwide Presence Headquarters: Paris, France Regional Offices: Hungary Burkina Faso Chile China
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4 CISAC members in CEE Key figures European Committee & European Regional Office 102 European members 41 CEE members 79,2% 122,1 Million EUR 19,84% 418,5 Million EUR
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5 One-stop shop features Legal scheme (statutory or voluntary) under which a user can obtain from a single CMO all (or nearly all) the rights he needs to carry out seamlessly his business (Key) condition: only one CMO per category of rights of the same right holders in a given sector Effect: de iure or de facto monopoly Safeguards: self-regulation, competition law and/or state supervision
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6 Specificities of the (music) market in CEE Lack of solid (private) copyright traditions Small and mid-size CMOs Lack of (original) music publishing business Rule of law and enforcement challenges Economic difficulties CMOs - main or only voice/defender of creators’ interest
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7 (Practical) need for one-stop shops in CEE Prevailing legal model: de iure or de facto monopoly The OSA Case (C-351/12) The Russian accreditation system Lack of proper one-stop shops: - Kazakhstan, Moldova, Turkey, Ukraine
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8 The role of state (over!)-regulation Supervision and good governance Compulsory one stop shops Tariffs approval/setting, minimum Tariffs, Tariff ”caps”, Royalties exemptions Management expenses “caps” Limitations on social&cultural deductions
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9 Collections from Public Performance Music (per capita) CEE Societies (2014) Source: CISAC I&E declaration / World Bank Data Base 2014
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10 Collections from Public Performance Music (per capita) European Societies (2014) Source: CISAC I&E declaration / World Bank Data Base 2014
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11 Collections from Public Performance Music (per GDP) European Societies (2014) Source: CISAC I&E declaration / World Bank Data Base 2014
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12 One-stop solutions such as ECL have been implemented with success in most of CEE, for the benefit of creators, users and the public at large Most legislators remain sensitive and responsive to the need of the market for having proper one-stop shops There is a risk of over-regulation e.g. via imposed statutory one stop shops between authors’ and related rights CMOs or unjustified interference in some economic parameters Some conclusions
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13 thank you mitko.chatalbashev@cisac.org
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