Several countries have fostered the growth of Collective Management Organizations (CMOs) through legislative initiatives in the belief that CMOs offer a viable solution to the problems associated with individual licensing, collecting royalties and enforcing copyright against large numbers of users. In theory, collective licensing enables creators to exercise rights in a fair, efficient and accessible manner. It ensures copyright protection when individual management of it becomes difficult or impracticable. However, collective management is not a panacea, and questions have been raised about the efficiency and the transparency of CMOs and their continued relevancy in the digital age. This Chapter attempts to demonstrate that Canada has developed one of the most efficient (though far from perfect) systems of collective management of rights and that a key vector of this relatively successful endeavour has been the Copyright Board. Part I of the Chapter takes a snapshot of the current state of collective management in Canada and then at the establishment and functioning of the Copyright Board. Part II considers the pros and cons of the Canadian system and lessons that may be drawn to improve collective management in Canada generally and the functioning of the Board in particular.
- Copyright,
- Board,
- tribunal,
- tariffs
Available at: http://works.bepress.com/daniel_gervais/14/