A Review of Magda Papede's Verwertungsgesellschaften im europäischen Kontext - Das Beispiel der baltischen Staaten

Author:Thomas Hoffmann

Magda Papede's work on Baltic collecting societies, recently published by Carl Heymanns Verlag, Karlsruhe, is an exemplary analysis of the genesis, practice, and challenges of the three royalty-collecting societies in Estonia, Latvia, and Lithuania – small entities between which there are large differences. The work, titled ‘Verwertungsgesellschaften im europäischen Kontext – Das Beispiel der... (see full summary)

Thomas Hoffmann
Associate Professor of Private Law
Tallinn University of Technology
Contributor to PUT 1030, af liated with the University of Tartu
A Review of Magda Papede’s
im europäischen Kontext
Das Beispiel der baltischen Staaten*1
Collecting societies have received quite some focus recently in the European arena, extending from imple-
mentation of Directive 2014/26/EU (the Collective Rights Management Directive)*2 to a groundbreaking
German district court judgement*3 challenging the very existence of GEMA, Germany’s central collecting
society for musical works, by denying it a share in the pro ts raised from publishing of musicians’ cre-
ations*4. Much less research or published work has considered collecting societies and the associated regu-
lations and practices in the Baltic States, at both international and regional level.
Dr Papede’s thorough study is an attempt to ll this gap, and it fully succeeds in doing so on various
levels. After a comprehensive introduction to the instrument of the collecting society as such and to its func-
tion and its regulation under European law (in chapters 1 and 2), the author devotes Chapter 3 to examining
the existing legal frameworks for collecting societies in the Baltic States, for ascertaining di erences and
also practical implications (in this respect, the author’s professional background as a practising lawyer
in the eld adds considerably to the value of the work). Chapter 4 is dedicated to comparative analysis of
the three Baltic legal systems, but the work goes further, also considering them in relation to German law
and the European approach to the issue, especially with respect to the establishment of collecting societ-
ies (Chapter 4), their relationship to authors (Chapter 5), and nally their connection to users (Chapter 6).
The nal chapter tackles the question of how advisable a reform of the present system of Baltic collecting
societies would be, not only in the general interest of legal harmonisation but also in response to critical
mass ultimately not being achieved for three ‘sets’ of national collection societies in the Baltic States, on
account of their small size. According to the author, such a reform should be applied cautiously, without
undue keenness to establish entirely free competition among collecting societies (as envisaged in line with
Vol.  in the ‘Karlsruher Schriften zum Wettbewerbs- und Immaterialgüterrecht series, from Carl Heymans Verlag, ,
ISBN ----.
Directive //EU of the European Parliament and of the Council of  February  on collective management of
copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market,
OJ L /.
Judgement of Kammergericht Berlin from  November  ( U /).
Recently discussed by Stefan Ventroni. Paukenschlag zur Verlegerbeteiligung: Aus für die Verteilungspraxis der GEMA?
[‘The leading decision on publishers’ shareholding schemes: Major German collecting society’s royalty-distribution practice
declared unlawful’]. – Zeitschrift für Urheber- und Medienrecht /, pp. .

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