Applying the Principle of Fair Remuneration During the Collective Management of Authors’ Rights: Different Perspectives

Abstract

Fair remuneration principle is one of the foundations of the authors’ rights and collective management of these rights is the process where the principle of fair remuneration has to be applied. This principle is not only a theoretical doctrine but rather a practical solution to the problems which emerge in the realities of different legal systems and geopolitical dimensions. Collective management organizations, established in Western Europe, have gone through an interesting path of development in the post-Soviet Eastern European countries, where they had to consider both: long-lasting Soviet heritage and the urgent need to implement
a Western legal system. These contradictions have revealed numerous problems, which were less observable in Western countries. One of them is the calculation, collection, and distribution of the royalty fees on the fair basis of proportionality. Examination of several different examples shows how modern technologies can be used, in order to make this fair distribution real and apply the theoretical principle in practical reality