CLA, as 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.
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 cannot over-ride the legal system of the country of operation of the RROs and for this reason, the treatment of copyright works by RROs may differ from country to country. 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.
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.
IFRRO 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.
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. To see a detailed explanation of the governing laws and different types of legal licensing systems see 'International licensing systems'
