Document Type

Article

Publication Date

4-5-2024

Abstract

Drawing examples from national and international legal instruments, and based on existing studies, this comment makes suggestions for possible amendment of the World Intellectual Property Organization’s Good Practice Toolkit for Collective Management Organisations 2021 (CMO Toolkit). The suggestions are for inclusion of good practices in the CMO Toolkit that can inform the regulation of CMOs to prevent them from constituting obstacles to open access non-commercial licensing and L&Es-enabled access for education and research. The suggestion also covers good practices that will prevent CMOs from impeding the smooth and effective development of artificial intelligence systems. Recommendations include protecting rightholders' ability to make their work available via open access, ensuring that licenses granted by CMOs do not override existing L&Es, and ensuring that CMOs are entitled to a single equitable remuneration without requiring that AI companies to seek authorisation from CMOs for the direct or indirect use of copyright-protected works.

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