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01.12.2014

The recommendations for managing the collective management organisations in Slovenia

Guidance for managing the CMOs, a complex and resposible business

The Slovenian Intellectual Property Office (hereinafter: the Office) has prepared and is hereby publishing The recommendations for managing the collective management organisations in the Republic of Slovenia to provide guidance and encourage social and cultural development by facilitating the implementation of the provisions of the Copyright and Related Rights Act (hereinafter: the recommendations).

These recommendations shall be understood as guidelines for collective management organisations and as such are not legally binding.

Before adopting the recommendations, the Office carried out non-binding consultations with collective management organisations.

Copyright is an essential part of intellectual freedom. As such, it is inseparable from individual creation. Copyright represents an economic encouragement for creation and dissemination of results of creative effort and an important constituent of the cultural identity of a society.

Collective management organisations are a key pillar of the legal system of copyright and protection of intellectual property in general. Existence of collective management organisations is thus of national importance. However, only those collective management organisations will survive that are managed in a transparent way, that are most successful in distributing the collected rights revenue from the usage of rights to right-holders, and that understand that they are there not for themselves but to serve and protect the interests of all creators and holders of copyright and related rights.
 
The Office considers that better and more transparent managing the business of collective management organisations will provide a strong basis for enhancing awareness in Slovenia not only of the significance of copyright and related rights but also of the importance and value of creative effort in general.  With these recommendations, the Office aims to establish new standards for the managing the business of collective management organisations and provide an interpretation (albeit non-binding) of the provisions of the Copyright and Related Rights Act. These recommendations summarise the expectations of the Office concerning the supervising of the legality of managing the business of collective management organisations, which will facilitate understanding and communication between the Office and collective management organisations.

In Slovenia, collective management organisations are legal persons which are authorised by the Office to manage copyright and related rights on a not-for-profit basis. Management of these rights enables authors and other right-holders to manage their rights in a simple and effective way in conditions of mass and widespread use of their work and affords users easy access to legitimate use of a large number of works covered by copyright and related rights.

Collective management organisations are complex institutions, due to the complexity associated with the rights they manage. Tariffs applied by collective management organisations and rules for the distribution of amounts due to right-holders are not always understandable or logical at first sight.

Since in Slovenia collective management of certain exclusive rights is mandatory and by nature monopolistic, good management and transparency of managing the business of collective management organisations are crucial for protecting copyright and related rights associated with creative effort that are guaranteed by Slovenia’s Constitution.   

A transparent, logical, open and understandable manner of managing the business of collective management organisations is a prerequisite which enhances the confidence of authors and holders of copyright and related rights, of users, and of the general public in the system of collective management of these rights.

In drawing up these recommendations, the Office took into consideration Slovenia’s legislation, guidelines and recommendations in force in the European Union, the principles of business ethics, and cases of good practice for responsible and effective managing of the business of collective management organisations, confirmed on numerous occasions by Slovenia’s Supreme and Constitutional Courts in their decisions.


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