Court rejects collecting society’s bid to claim royalties for film music
INTELLECTUAL ASSET MANAGEMENT (IAM), INTERNATIONAL REPORT, FEBRUARY 2009
- the rights of its members or the foreign composers represented through reciprocity agreements in the musical works; and
- the collecting society’s right to act on behalf of the composer through a power of attorney that entitles the collecting society to collect royalties and take action.
SACM is entitled to seek amparo relief from a circuit court. If the circuit court confirms the lower court’s decision, it will set a new precedent regarding the rules and standards, that collecting societies must observe in order to collect royalties or other remuneration. The decision is also important since collecting societies will be no longer allowed to impose unilateral conditions when dealing with other parties, at least concerning the rights and representation of their members. Meanwhile, users of works and the public will benefit from the new practice in terms of legal certainty.