1. Extended Collective Licensing: a solution or an additional problem?
Hubert Best
Advokat
ENN Advokatbyrå
Stockholm

2. 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

3. 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

4. 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

6. 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rights which have not been withdrawn by the right holder

7. 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

8. 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)