The Emerging Ethiopian Copyright And Related Rights Collecting Society Assessment Of Challenges And Prospects

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Copyright collecting societies were developed so as to rectify the difficulty faced by individualrncopyright holders to negotiate and give license to multiple and dispersed users and vice versa.rnThey serve as intermediary between users and copyright holders and create less costly supply ofrncopyrighted works and less costly access to users of copyrighted works. With the same reason,rni.e. to enforce their rights, following the promulgation of copyright proclamation in 2004,rnEthiopian copyright holders and their professional associations have established a copyrightrncollecting society known by the name Ethiopian copyright and neighboring rights collectivernmanagement society (ECNRCMS) in November 2009 to collectively enforce their rights. Thoughrnit is a three years old association, ECNRCMS is not yet functional.rnThus, the aim of this paper is to examine the main challenges which make ECNRCMS ineffectivernand the opportunities or promising developments that helps the same to successfully involve in tornits functions. The research paper examines the issue whether the appropriate laws, i.e. Ethiopianrncopyright legal regime and charities and societies’ proclamation and other relevant laws, are inrna position to facilitate the successful operation of the emerging Ethiopian copyright collectingrnsociety. Besides, it also carefully scrutinizes the role of appropriate institutions and therngovernment in general in the establishment and operation of the emerging Ethiopian copyrightrncollecting society. Moreover, the paper explores the problems other than legal and institutionalrnchallenges as well as the opportunities/ prospects for the successful operation of the emergingrnEthiopian copyright collecting society (ECNRCMS). After examination of these issues, it is foundrnthat the existing Ethiopian copyright legal regime has loopholes that challenge the function ofrnEthiopian Copyright and Neighboring rights Collective management society. The legal regimernfails to incorporate private levying system, specific provisions that deal with copyrightrnprotection on the online-environment; and incorporate special provisions that deal withrncopyright collecting society. The Charities and societies proclamation is also found irrelevantrnand inappropriate to regulate the function of the collecting society for the later is designed tornregulate associations, which have distinct objective, and contains provisions that are totally inrncontrary to the very nature and operation of copyright collecting societies- such as it prohibitsrndistribution of remunerations or benefits among its members.rnIn addition, absence of special institutional back up or government support, lack of awareness,rnexistences of high level of copyright piracy in the nation, absence of competent staffs are thernother challenges for the emerging Ethiopian copyright collecting society. The paper further findsrnpositive developments (i.e. national and international) which can and would positively contributernfor the successful operation and development of the copyright collecting society.

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The Emerging Ethiopian Copyright And Related Rights Collecting Society Assessment Of Challenges And Prospects

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