It is practically impossible for authors to keep track of all instances in which their works might be used worldwide, and the bargaining power of individual creators is extremely limited. For these reasons, authors and holders of related rights have organised and joined collective management organisations, to which they entrust the management and protection of their rights. In this manner, their bargaining power multiplies and they are assured that they will not transfer their rights or grant licences under onerous terms. When, for example, multiple literary works are reproduced, it would be practically extremely hard to obtain a licence from all of the writers and publishers involved. More specifically, when literary works are reproduced on a large scale in educational institutions (in a digital or analogue form), it is undoubtedly more appropriate and effective for rights to be managed collectively. Therefore, the principal task of collective management organisations representing literary works is to act on behalf of creators (writers, translators, journalists) and publishers in the licensing of reproduction, digital copying and other forms of digital use. This enables creators and publishers to focus on their creative and commercial activities.
In order to be able to license, and thereby permit, the reproduction and the exercise of other rights granted by law to creators and publishers, collective management organisations are authorised by assignment contracts concluded with them, as well as by national and European legislation. In this manner, collective management organisations are able provide access to scientific and cultural printed works worldwide.
More specifically, the core responsibilities of collective management organisations include managing the rights assigned to them, negotiating the terms for the use of works, granting licences, collecting royalties from users, and distributing such royalties to the rightsholders with whom, as noted above, they have concluded assignment contracts. They are also responsible for protecting the rights they manage through any administrative, judicial or extrajudicial action required.
The law provides for compulsory collective management in certain cases of use [Articles 18, 49 and 54(2) of Law 2121/1993]. Beyond this, however, creators and publishers may voluntarily decide to establish a collective licensing scheme, under which they can assign organisations to manage certain rights on their behalf, both nationally and internationally, through ‘reciprocity agreements’ concluded with collective management organisations in other countries.
