6 January 2009

International


This section of the website provides information about the international dimension of our work and the laws, principles and standards within which we operate.

Our International Division works to ensure that the rights mandated to CLA on behalf of UK publishers and creators are appropriately licensed, protected and remunerated worldwide, while agreements we enter into with other countries extend the international repertoire available to CLA licensees.

CLA, as a Reproduction Rights Organisation (RRO) and a member of the International Federation of Reproduction Rights Organisations (IFRRO), operates under the terms of national, European and international laws and the principle of National Treatment.

We also comply with the IFRRO Code of Conduct and other international standards that make the exchange of fees and data more efficient and cost-effective.

Governing laws and RRO licensing systems
RROs operate under the terms of the applicable international, European and national laws. These laws give rise to different licensing regimes in each territory.The main types of RRO regimes are the 'voluntary collective licensing' system, 'voluntary licensing with legislative support' and the 'legal licensing' system. See a list of 'RROs and their licensing systems'

To see a detailed explanation of the governing laws and different types of legal licensing systems see the 'Introduction to Reprography in Copyright Legislation'   
 

The principle of National Treatment
RROs operate on basis of the principle of National Treatment which stipulates that international rightsholders should be treated identically to national rightsholders:  there should be no favouritism shown to national rightsholders, and no discrimination against foreign rightsholders, in the governance and operation of any RRO.  This principle is essential to the functioning of the RRO system worldwide. National Treatment obviously cannot over-ride the legal system of the country of operation of the RROs.  For this reason, the treatment of copyright works by RROs may differ from country to country.  Of course, national laws should always be framed within the framework of international conventions and treaties.  CLA’s role in this context is to ensure that we treat overseas rightsholders as we treat our own UK rightsholders, and to ensure that UK rightsholders are treated by overseas RROs exactly as they treat their own nationals.

 

Code of Conduct
RROs are expected to comply with the IFRRO Code of Conduct. This compliance is a necessary condition for CLA to exchange bilaterals.  The IFRRO Code of Conduct sets out clearly the values and scope of RROs, and what is expected in terms of their representation of rightsholders, and their relationships with rightsholders and users.

 

Repertoire Exchange Mandate (REM)
When exchanging digital bilaterals with CLA, RROs are expected to comply with the terms of the IFRRO Repertoire Exchange Mandate (REM). The REM was launched in 2007 after extensive consultation with rightsholder representative bodies, including STM, IPA, FEP, EWC, EVA, and the national, regional and international bodies in its membership. In the UK, consultation involved ALCS, DACS, PLS and the Publishers Association. The REM emphasises the voluntary nature of digital repertoire exchange, and the need for transparency, efficiency and accountability.

 

CLA bilateral agreements
CLA has bilateral agreements for photocopying with RROs in other countires as shown on the list of Mandating International Territories

There are two main types of these bilateral agreements concerning the reciprocal exchange of repertoire and fees between RROs;

'Type A' - authorises a full exchange of repertoire and fees in accordance with the principle of 'National Treatment'. See a sample Type A agreement

'Type AB' - is a graduated agreement starting with an exchange of repertoire only, (so that each RRO may license the others repertoire) and progressing towards a reciprocal exchange of fees over time, thereby converting to a 'Type A' agreement. See a sample Type AB agreement.

We are currently seeking the necessary mandates to effect an exchange of digital bilaterals with those which are REM compliant.  Each RRO publishes information concerning its Board membership, licensing activities, and other relevant facts about its operation. For a comprehensive list of RROs and links to this published information see 'RROs and their licensing systems'.  

 

CLA digital bilateral agreements
CLA has a digital bilateral agreement with our US equivalent, Copyright Clearance Center (CCC). This agreement allows us to exchange repertoire and revenue for the copying of digital works.

A list of UK publishers who have opted to be included in the US digital bilateral can be found by clicking here.