Comparative analysis of collective management organizations of copyrights and related rights; with special reference to Sri Lanka

This research aims to review the existing models of collective management of copyrights and related rights, with particular reference to the Sri Lankan Intellectual Property (IP) framework. At international level different models of Collective Management Organizations (CMOs) can be identified which provide an effective platform for utilizing the results of the creativity of the human mind. CMOs are authorized to manage copyrights and related rights by the right holders as an economically efficient means of managing their rights (Richard, 2016). In this context, CMOs carry out the task of monitoring, licensing, collecting and distributing royalties relating to copyrighted works on behalf of the right holders. Such an initiative would immensely contribute to strengthen the intellectual property rights of the owners who may find it difficult to do so individually on the one hand, and such a system offers advantages to the users or the prospective users of such works on the other. However, we cannot identify a comprehensive and authoritative system of CMOs in Sri Lanka that is comparable to other more sophisticated jurisdictions where CMOs are functioning effectively. It should be noted that the effectiveness and the efficiency of the CMOs depends heavily on whether a country determines the legal status of the CMOs appropriately (Liu, 2012). It indicates that there should be a country specific and unique system established in order to reap the maximum benefits from CMOs. Therefore, this research aims to describe the importance of CMOs, identify the different models under which CMOs operate, analyses the existing Sri Lankan legal regime on CMOs, identify the weakness of existing Sri Lankan l aw, and finally to make suggestions to enhance the effectiveness of CMOs in Sri Lanka.