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An educational event was held for collective management organizations

An educational event was held for collective management organizations

An event on "Principles, organization and implementation of management of authors' property rights on a collective basis" was held within the framework of "Intellectual Property Month" under the organization of the Intellectual Property Agency.

Kamran Imanov, Chairman of the Board of the Intellectual Property Agency, speaking at the event, stated about the relevance of the topic. The Chairman of the Board emphasized that April 23 - World Book and Copyright Day and April 26 - International Intellectual Property Day are annually celebrated with great solemnity in our country, and noted that the national intellectual property system created as a result of the foresight of the National Leader Heydar Aliyev, is successfully developing today due to efforts and support of President of the country Mr. Ilham Aliyev.

K.Imanov stated that collective management organizations are subjects of copyright and said that in accordance with the provisions of Article 41 of the Law of the Republic of Azerbaijan "On Copyright and Related Rights", if authors and owners of related rights cannot realize their property rights individually, organizations to manage their property rights on a collective basis can be established.

The essence and logic of the collective management system suggests the principle of bringing the interests of rights holders and users to a common denominator.

K. Imanov also said that if there is a question "which management system of rights is more convenient - individual, personal or collective?” the answer is clear: if possible, individual management is more convenient, superior; as such management is based on the will of authors (right holders).

What is interesting is that in the modern world, technologies - digital networks, various digital platforms and devices changed the lifestyle of users, disrupting the balance and providing them with advantages and new tools. However, in addition to this, conditions for rights holders to manage their rights individually and in an individual manner have been created.

Collective management of property rights in Azerbaijan is based on normative-legal acts and has a voluntary nature. The sole organization in a certain field organizing collective management manages the rights of the rights holders who entrust the representation of their rights to it. Exceptions are made on the basis of legal licenses regarding private-copy (copying for personal purposes) and published phonograms specified in Article 17, Part 3 and Article 37 of the copyright legislation, respectively.

According to K. Imanov, the alternative of such collective management societies are "agent-type" collective management organizations. If "extended collective management" implies an exclusive (monopolistic) nature of activity in a certain field of use of works and a limited number of societies, then the "agent type" is based on a large number of copyright societies in the same field, each of which can act as a representative of the interests of a limited number of right holders or even several ones.

The limitation set by the Azerbaijani legislation regarding "extended collective management" is related to the fact that such a public association can only represent the interests of the rights holders who gave it this authority. At the same time, in accordance with the current norm of the Law (Article 43), a right holder who has not granted such a right to a collective management organization has the right to demand the royalties it has received (the royalties calculated for joint works or for the entire program), as well as to demand the removal of their works from the repertoire of that organization.

In accordance with the norms stipulated in the legislation of the Republic of Azerbaijan and the classification accepted by international organizations, "limited extended collective management" is itself a limitation of the number of persons subject to collective management.

The legislation of Azerbaijan defines the creation of collective management organizations as public associations, entrusts their registration to the Ministry of Justice, and, in addition, establishes the need for their accreditation at the Intellectual Property Agency. A special decision of the government regarding accreditation rules is in force.

There are 4 (four) collective management organizations operating in Azerbaijan: "Film Directors Guild of Azerbaijan ", "Azerbaijan Writers" Public Union, "For Copyright" and "Digital and Audio-visual Broadcasting Industry" Public Union.

Since their establishment, the Intellectual Property Agency has provided legal, organizational and intellectual assistance to these organizations and has constantly supported them in solving problems arising during their activity. After that, they will continue to be supported.

This is natural, as stated in the Charter of the Intellectual Property Agency approved by Mr. President Ilham Aliyev, the Agency is a body that implements state policy in the field of intellectual property, including copyright, and is responsible for the regulation and coordination of the field.

K. Imanov also emphasized that regardless of the direction of the development of the collective management of rights, in order for the organizations operating today to be stable and sound and not to lose their reputation, according to the opinion of experts, special attention is required to two points:

First - ensuring transparency and openness in collective management organizations;

Second - the proper establishment of state control over the activities of these organizations.

Then the Chairman of the Board of the Intellectual Property Agency Mr. K. Imanov answered the questions of the representatives of collective management organizations participating in the event.

We would like to inform that books "Collective management of rights at the modern stage", "Management of intellectual property rights in digital networks", "Formation of respect for copyright: Формирование уважения к авторскому праву: противодействие пиратству и контрафакции в цифровой среде (Oпыт Азербайджана)", " On Some Theoretical and Practical Aspects of Collective Management of Property Rights" by the Agency were published.

Those who are interested can get these books free of charge from the Agency or review their electronic versions on the Agency's website at www.copat.gov.az.

It should be noted that the Intellectual Property Agency declared the month of April as "Intellectual Property Month".

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