The most recent amendment to the Copyright Act regulates several application issues from practice concerning relations between collective rights management organizations and users and clarifies several provisions from a legislative and technical point of view.
The amendment primarily supplements the criteria for calculating royalties based on the royalty rates of collective management organizations. Moreover, users, as defined by the Copyright Act, may participate in determining royalty rates.
The amendment also addresses the concept of filing a court petition to determine the contents of a license agreement if a collective management organization and a user are unable to agree on the same. The amendment also clarifies application of this concept in the case of an agreement on collective management.
In addition, the amendment also clarifies the provisions governing an agreement on collective management between collective management organizations (a so-called one-stop shop), including in particular the obligation to apply the same royalty rates.