In the complex and evolving landscape of copyright and related rights, Collective Management Organizations (CMOs) play a key role in ensuring creators and rightsholders receive their remuneration. At the same time, the nature of collective management activities often gives rise to disputes involving members, users, or other CMOs.
The WIPO Arbitration and Mediation Center (WIPO AMC) provides dispute resolution advice and case administration services to help parties resolve disputes arising in the area of collective management, without the need for court litigation.
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Collective Management Disputes
Disputes in this area may involve a wide range of highly specific subject matter involving copyright or related rights. CMOs may themselves get involved as parties in such disputes together with other stakeholders, such as cable operators or broadcasters. Members of CMOs may also get involved in disputes with each other, particularly when there are overlapping claims to the amounts collected.
As a flexible and confidential mechanism, ADR helps parties in such disputes to adopt practical and satisfactory solutions. ADR allows parties to choose a mediator, arbitrator or expert with specific expertise in the area of copyright and collective management. It provides a neutral forum in which an international dispute can be resolved through a single procedure. Moreover, ADR may be designed in a way so as to allow for efficient enforcement of the outcome.
As a flexible and confidential mechanism, ADR helps parties in such disputes to adopt practical and satisfactory solutions. ADR allows parties to choose a mediator, arbitrator or expert with specific expertise in the area of copyright and collective management. It provides a neutral forum in which an international dispute can be resolved through a single procedure. Moreover, ADR may be designed in a way so as to allow for efficient enforcement of the outcome.
Key Areas of Dispute
- Artificial Intelligence (AI)
- broadcasting
- copyright and related rights
- distribution
- exclusivity
- levies
- license agreements
- membership and governance
- P2P downloading
- public performance
- publication
- reciprocity agreements
- registration
- reproduction
- royalties
Potential Parties to Disputes
- authors of literary or artistic works
- broadcasters
- cable operators
- CMOs
- composers
- content users
- directors and producers
- online platforms
- performers
- publishers
- right holders’ associations
Understanding Collective Management Disputes through WIPO Case Examples
Examples of WIPO cases in this area include a WIPO mediation related to a dispute between a US collecting society and a European entity which acted as the US society’s exclusive agent to obtain levies in the European country. Three years after the conclusion of the contract, which provided in case of dispute for WIPO mediation followed, if unsuccessful, by WIPO arbitration, the US society notified the termination of the contract, alleging that the European entity lacked official accreditation. The European entity initiated WIPO mediation proceedings claiming damages and lost profits for wrongful termination of the contract.
Other examples involving CMOs include a dispute between a European right holders association and a European cable operator over royalty claims, and a dispute that arose between two European CMOs out of a reciprocity agreement.
Other examples involving CMOs include a dispute between a European right holders association and a European cable operator over royalty claims, and a dispute that arose between two European CMOs out of a reciprocity agreement.
Administration of Collective Management Disputes
The WIPO Mediation, (Expedited) Arbitration and Expert Determination Rules are well suited for CMO-related disputes. They combine flexibility with confidentiality and can be applied not only to IP-specific disputes but also to broader contractual or commercial conflicts.
The WIPO AMC provides:
The WIPO AMC provides:
- guidance on selecting appropriate ADR procedures,
- assistance with drafting ADR clauses and submission agreements,
- access to case management tools, video conferencing, and secure document exchange.
WIPO Panel of Neutrals
Effective proceedings largely depend on the quality of the mediator, arbitrator or expert. The WIPO AMC maintains an open-ended list of neutrals, including mediators, arbitrators and experts from around the world with expertise in collective management. They can be appointed by parties in cases under the WIPO Rules, but parties are also free to select professionals from outside the list.
Procedural Guidance and Training
To encourage effective use of ADR in the sector, the WIPO AMC:
- makes available recommended contract clauses and submission agreementsthat parties can use to submit their disputes to ADR,
- provides procedural guidance to interested parties and organizations,
- organizes training and workshops on mediation, arbitration, and related topics.
Establishment of Adapted ADR Frameworks
Where needed, the WIPO AMC collaborates with stakeholders to establish tailored ADR frameworks. These may include sector-specific rules, fee schedules, and model clauses adapted to the unique needs of the sector.
Collaborative approach
The WIPO AMC works closely with CMOs, creators, and industry stakeholders to optimize ADR solutions for copyright and related rights disputes. By promoting dialogue, efficiency, and settlement, WIPO ADR procedures help preserve business relationships and support a sustainable creative ecosystem.
Contact Us
WIPO Arbitration and Mediation Center (Geneva)
34, chemin des Colombettes
1211 Geneva 20
Switzerland
T +4122 338 8247
F +4122 740 370
WIPO Arbitration and Mediation Center (Singapore)
Maxwell Chambers Suites
28 Maxwell Road #02-14
Singapore 069120
T +65 6225 2129
F +65 6225 3568
For additional information arbiter.mail@wipo.int