Collective Management Systems for Copyright and Related Rights in Latin America in Selected Countries (Max Planck Institute for Innovation & Competition Research Paper, No. 24-14), 2024, 189
This study investigates collective management systems (CMSs) for copyright and related rights in Latin America. The study emphasizes CMSs' essential role in the creative industry, particularly in simplifying rights management for authors and users, fostering cultural development, and enabling creators to focus on their work. The report provides a comparative analysis of CMS frameworks, examining the legal, regulatory, and operational structures in Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru, and Uruguay. The study explores these countries' legal and regulatory structures, addressing international treaties (such as the Berne Convention and the TRIPS Agreement) and regional agreements, like the Andean Community's Decision 351. Economic analyses within the study reveal that CMSs reduce transaction costs and provide a streamlined licensing process through "blanket licenses." While CMSs create efficiencies, some also hold dominant positions, posing challenges around fee setting and competition. In response, countries have adopted various regulatory and antitrust mechanisms. The study offers a regional perspective on CMSs, advocating for policies that balance CMS efficiency with regulatory measures to protect stakeholders' rights. It underscores the role of CMSs in promoting a vibrant creative economy, aligning with WIPO recommendations to use collective management to boost intellectual property protection and cultural exchange.
