The internet renaissance of collective management organisations: reflections on flat fee system and the role of collective management organisations

ABSTRACT With the increasing influence of modern technologies, collective management stands in front of a significant challenge. An integral part of this process is the necessary change in our society’s psychology, as the disputed shifts in the possibilities of using copyrighted works on the Internet represent a whole new perspective on sharing creativity and collaboration between users and authors. Changes in possibilities of using copyrighted works and in the minds of stakeholders indicate that our current system is not sustainable in the long term. The original motivation to create organisations of collective management – the possibility of more economically advantageous and useful administration of legitimate claims of authors, still exists. Therefore, we must seek a solution that will create a compromise between the anarchist concept of the Internet generation and the rigid approach of copyright. A flat fee could be an easy solution (whether as a part of an Internet connection payment or a ‘copyright tax’). The article discusses positive and negative aspects and provides a critical assessment of feasible options for practical use in the European legal system with regard to the Directive on collective management of copyright (2014/26/EU). In conclusion, the article summarises how collective management organisations are supposed to effectively manage the use of copyrighted works on a flat-fee basis.