from any other standard identification scheme which adopts the same or a similar structure. Registered Commons has adopted this approach by simply issuing codes on the identifier scheme RC; thus their identification scheme should be called RCid. An administrative authority to manage namespaces for the Identifier Scheme Element is missing, and a simple directory service would be sufficient. A peer-to-peer protocol combined with globally unique IDs may also be a good approach to identify any registration process as a singular, retraceable activity.
- 5. How could rights collecting societies benefit from such registries?
Traditionally, rights collecting societies of Collective Management Societies (CMS) managed the exploitation of any of the rights-holders rights. According to the principle of territorial exploitation, the applicable law is the law of the place of exploitation. For some forms of exploitation (for example, cable retransmission, the making of sound recordings, etc.), collective rights management is compulsory but, in principle, an author can choose between individual and collective management of his or her rights. CMS usually administers, monitors, collects and distributes the payment of royalties for an entire group of right holders, on the basis of the national law of its territory, with respect to that territory.
In order to be compensated by CMS, authors must register works in the country of their residence. Across Europe more than 70 different CMS manage authors’ rights. Within the European Union, most CMS are allowed to retain a monopoly status or have conferred on them a monopoly position in relation to their specific fields of activity. The reason is economically persuasive. For users, it is simply more expedient to be directed to one collective body that manages one specific type of right. For decades, CMS have been criticised for lack of transparency (they are not really controlled by their members) and for their unbalanced distribution schemes, favouring blockbusters and top ten-charting music over independent and less commercially successful work.
CMS currently use different schemes to identify works and store the corresponding data in proprietary systems and databases. They wish to protect their assets and defend their monopolies to register and manage works. Many European CMS oblige their members to collectively license all forms of distribution for a certain category of works and thus prevent new forms of individual licensing.
