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), April 4, 2018 [
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.
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