Cyprus: Implementing Regulations of the Law on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Use
On 27 February 2019, the question of the implementing regulations for the Law on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Use (L. 65(I)/2017) was discussed before the Committee of Commerce and Industry of the House od Representatives of the Republic of Cyprus.
We recall that Law 65(I)/2017, which implements Directive 2014/26/EU, brought significant changes because a mechanism of exercising supervisory authority over Collecting Management Organizations (CMOs) was instigated for the first time in Cyprus. The Law provides for the creation of registries of the CMOs and independent management entities which operate in Cyprus. Prior to the implementation of the Directive, the regulation of CMOs in Cyprus was far more liberal, in the sense that no specific state supervision was introduced for CMOs. Therefore, “licensing bodies” (the term CMOs did not appear in the Law on Copyright 59/1976), were able to operate in Cyprus without any specific obligations and formalities, provided that they had been properly formed as legal entities according to the law of Cyprus. For an analysis of the changes brought by the new law, see the blog of EDPI Chair at Kluwer Copyright Blog: Tatiana Synodinou, The adventures and misadventures of the implementation of the Directive on collective managementof copyright in Greece and in Cyprus (Part II).
Article 51 of Law 65(I)/2017 provides that the Council of Ministers may issue Regulations for the determination of any matter which, in accordance with this Law, is in need of or is susceptible of designation, such as operational issues and procedures of the competent authority, the content and means of disclosure of the Registers, the fee for registration in the Register and the renewal fee for registration in the Register. However, those regulations have not been enacted yet.
EDPI ("Ενωση Δικαιωμάτων Πνευματικής Ιδιοκτησίας Κύπρου") was invited to the meeting and represented by two of its founding members, Polymnia Lefteri and Nicoletta Epaminonda. All the participants in the discussion (mainly representatives of copyright right holders and of users) stressed the importance to move forward with the adoption of the regulations, which are vital for the proper and transparent collection of payments for uses of copyright protected works and other protectable subject matter in Cyprus. The regulations are anxiously awaited in order to clarify certain aspects of the application of the afore-mentioned Law.
It is now expected that a draft of these regulations will soon be available for consultation by relevant stakeholders. We are part of the discussion and will keep an eye on developments."
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