Collective Management. 9.1 The Forum shall agree any form of use for which the Writer’s rights to remuneration in respect of the BBC’s own use of the Script will be managed collectively on behalf of the Writer and has agreed that WDP shall undertake the collective management. Uses for which collective management arrangements have been agreed by the Forum are set out in Schedule Three.
9.2 This Agreement will not prevent the Writer from being entitled to receive income under collective agreements negotiated by recognised foreign or domestic collecting societies for secondary uses of the Script by third parties under international law and the BBC will make no claim to any such income. In the event that the BBC and the Writer receive income under such a collective agreement, the BBC shall not be under any obligations to make any payment to the Writer from its share under the collective agreement.
9.3 The Writer will make no claim against the BBC, whether for payment or otherwise, which shall arise out of any failure by the Writer or any organisation which may represent the Writer to enter into any agreement with foreign or domestic collecting societies or any failure on the part of such a society to make any payment to the Writer. For the avoidance of doubt the Writer shall not be entitled to make any claim against the BBC where the BBC has met all relevant obligations pursuant to clause 9.1 above
9.4 By signing a Deal Memo the Writer agrees that the BBC may disclose to a collective administration body information which the BBC holds about any such Deal Memo into which the terms of this Agreement are incorporated and any previous agreements between the Writer and the BBC which involve Scripts written by the Writer including the Writer’s name and agent’s address or if the Writer has no agent the Writer’s home address so as to assist the collective administration body to identify those entitled to receive monies collected and held by it as a result of its activities as a collective administration body.
Collective Management. 9.1 This Agreement will not prevent the Writer from being entitled to receive income under collective agreements negotiated by recognised foreign or domestic collecting societies for secondary uses of the Script by third parties under international law and the BBC will make no claim to any such income. In the event that the BBC and the Writer receive income under such a collective agreement, the BBC shall not be under any obligations to make any payment to the Writer from its share under the collective agreement.
9.2 The Writer will make no claim against the BBC, whether for payment or otherwise, which shall arise out of any failure by the Writer or any organisation which may represent the Writer to enter into any agreement with foreign or domestic collecting societies or any failure on the part of such a society to make any payment to the Writer. For the avoidance of doubt the Writer shall not be entitled to make any claim against the BBC where the BBC has met all relevant obligations pursuant to Schedule One Clause 8 below.
9.3 By signing a Deal Memo the Writer understands that in order to perform this contract that the BBC may disclose to a collective administration body information which the BBC holds about any such Deal Memo into which the terms of this Agreement are incorporated and any previous agreements between the Writer and the BBC which involve Scripts written by the Writer including the Writer’s name and agent’s address or if the Writer has no agent the Writer’s home address so as to assist the collective administration body to identify those entitled to receive monies collected and held by it as a result of its activities as a collective administration body.
Collective Management. The Parties:
(a) recognise the importance of promoting cooperation between their respective collective management organisations;
(b) agree to promote the transparency of collective management organisations; and
(c) endeavour to facilitate non-discriminating treatment by collective management organisations of right-holders they represent either directly or via another collective management organisation.
Collective Management. The author declares to be a member of the collective management society called …….. , with registered office located at ………, since …………. The publisher declares to be a member of the collective management society called …….. , with registered office located at ………, since …………. Except for the graphic reproduction of the work in the form of music scores and subject to a possible contrary stipulation in the contract of membership and fiduciary assignment to the authors’ society, the royalties engendered by the use of the work according to the types of exploitation set forth in article I of the present contract come directly or indirectly under the collective management of the authors’ society which the author and/or the publisher are members of. Consequently, as far as these types of exploitation are concerned, it is up to the authors’ societies to grant the authorization required by the law on copyright and to collect and distribute the hereto related royalties.
Collective Management. The Parties recognise the important role of collective management societies for copyright and related rights in collecting and distributing royalties100 based on practices that are fair, efficient, transparent and accountable, which may include appropriate record keeping and reporting mechanisms.
Section I: Enforcement Article 18.71: General Obligations
1. Each Party shall ensure that enforcement procedures as specified in this Section are available under its law101 so as to permit effective action against any act of infringement of intellectual property rights covered by this Chapter, including expeditious remedies to prevent infringements and remedies that constitute a deterrent to future infringements. 102 These procedures shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse.
2. Each Party confirms that the enforcement procedures set forth in Article 18.74 (Civil and Administrative Procedures and Remedies), Article 18.75 (Provisional Measures) and Article 18.77 (Criminal Procedures and Penalties) shall be available to the same extent with respect to acts of trademark infringement, as well as copyright or related rights infringement, in the digital environment.
3. Each Party shall ensure that its procedures concerning the enforcement of intellectual property rights are fair and equitable. These procedures shall not be unnecessarily complicated or costly, or entail unreasonable time-limits or unwarranted delays. 100 For greater certainty, royalties may include equitable remuneration. 101 For greater certainty, “law” is not limited to legislation. 102 For greater certainty, and subject to Article 44 of the TRIPS Agreement and the provisions of this Agreement, each Party confirms that it makes such remedies available with respect to enterprises, regardless of whether the enterprises are private or state-owned.
4. This Section does not create any obligation:
(a) to put in place a judicial system for the enforcement of intellectual property rights distinct from that for the enforcement of law in general, nor does it affect the capacity of each Party to enforce its law in general; or
(b) with respect to the distribution of resources as between the enforcement of intellectual property rights and the enforcement of law in general.
5. In implementing the provisions of this Section in its intellectual property system, each Party shall take into account the need for proportional...
Collective Management. 1. The Parties recognise the importance of fostering cooperation between their respective collective management organisations for the purposes of facilitating licensing of content between such collective management organisations, as well as encouraging1 transfer of royalties for use of works or other copyright-protected subject matters of the nationals of the other Party.
2. Each Party shall ensure that its collective management organisations are encouraged to:
(a) operate to collect and distribute revenues to the right holders they represent in a manner that is fair, efficient, transparent and accountable; and
1 For greater certainty, "encouraging" does not require a Party to intercede in any contractual arrangements between collective management organisations.
(b) adopt open and transparent record keeping of the collection and distribution of revenues.
3. The Parties endeavour to facilitate non-discriminating treatment by collective management organisations of right holders they represent either directly or via another collective management organisation.
