EU Council's Position
As adopted 25th May, 2018
View Commission's Position on Recital 28b
Recital 28b
Licences covering potentially large volumes of works or other subject-matter
Mechanisms of collective licensing with an extended effect allow a collective management organisation to offer licences as a collective licensing body on behalf of rightholders irrespective of whether they have authorised the organisation to do so.
Systems built on such mechanisms, such as extended collective licensing, legal mandates or presumptions of representation, are a well-established practice in several Member States and may be used in different areas.
A functioning copyright framework that works for all parties requires the availability of these proportionate, legal mechanisms for the licensing of works.
Member States should therefore be able to rely on solutions, allowing relevant licensing organisations, which are owned or controlled by their rightholder members (or entities representing rightholders) or organised on a not for profit basis, to offer licences covering potentially large volumes of works or other subject-matter for certain types of use, and distribute the revenue received to rightholders.
