AmCham Macedonia Fall 2016 (Issue 51) | Page 28

AmCham News & Events Fall 2016 / Issue 51 AmCham News & Events Fall 2016 / Issue 51 Roundtable: The Real Market Value of Copyrights F or the second time in 2 years, Macedonia’s only fully functioning collective management society (that protecting the rights of composers) recently banned the use of its members’ musical works by all local businesses. This time, the move was made to protest the proposed tariff model of a competing collective management society that obtained a license to operate in the country. Meanwhile, local television stations are still required by law to broadcast a minimum of 50% Macedonian music, the Ministry of Culture has issued defensive press releases claiming government policy in this area is not up to them and the whole system has reached an impasse. This recent series of events demonstrates how little real dialogue there is between stakeholders in today’s copyrights marketplace in Macedonia. Laws are passed without consulting stakeholders, copyright users and artists groups regularly hold press conferences to air their concerns and collective management societies rarely appear in public fora of any kind or agree to meet with companies to address long-running concerns. In response, this September, AmCham Macedonia organized a roundtable on “The Real Market Value of Copyrights” together with the Hospitality and Tourism Association within the Economic Chamber of Macedonia and the EU Twinning project “Strengthening the protection of copyrights.” This lively discussion included roughly 40 key stakeholders, including 28 AMCHAM MAGAZINE of collective management societies is to show users precisely what they are paying for and where their fees go. She said transparency in collection and distribution of royalties were both critical elements to the stability and success of a copyrights management system. This event was part of AmCham’s continuing efforts to help advance the protection of intellectual property in Macedonia and was a unique opportunity for stakeholders to gain perspectives on current local, regional, global trends and challenges in the copyrights management field. Susanna Narsisyan, ArmAuthor • Creation of a tariff setting methodology, based on various economic parameters and the current economic situation in the country to ensure fairness toward all companies; and • The inclusion of a representative from the business sector in the Board of any Copyrights Collective Management Society. Ministry of Culture representatives, companies from sectors that generally pay the highest tariffs for use of copyrighted material, prominent law firms working in the IP field and members of the diplomatic corps. The discussion was further enriched by contributions from a number of notable international experts, including: • Susanna Narsisyan, Director of ArmAuthor, Armenia; • Slobodan Nešović, Managing Director, Mascom EC Beograd, Serbia; • Dariusz Urbanski, Ministry of Culture, Poland; and • Janne Hedegaard, Twinning Advisor (Danish Patent and Trademark Office). In the opening, Michelle Osmanli, AmCham Macedonia’s Executive Director, emphasized that a functional and sustainable copyright protection framework is of equal importance to the country’s development as is trademark protection. She further highlighted the importance of a transparent tariff setting process that ensures adequate compensation for authors as well as rational and sustainable costs for local business users. During the discussion, a number of business representatives called for: • Increased transparency and legally-defined deadlines embedded in the tariff setting negotiation process; International experts confirmed that collective societies are natural monopolies, particularly in small markets, thus require a high degree of oversight and regulation to avoid abuse of their unique position vis-àvis copyright users (i.e., companies who use licensed music as part of their business operations) and members (i.e., composers). They pointed out that the collective right management systems in a number of EU countries were found lacking in terms of transparency, which is why all members began transposing an EU Directive on Collective Management of Copyright in April this year. Ms. Narsisyan pointed out that without businesses - particularly broadcasters - authors’ work could not reach a mass audience. She said that one of the key functions Slobodan Nešović, Mascom EC Janne Hedegaard, EU Twinning Advisor AMCHAM MAGAZINE 29