The Doctrinal Basis for Collective Management of Intellectual Property Rights

  • Aqeel sarhan mohammed, Noor abdulgawad abdulhssin


There is no doubt that the collective management of intellectual property rights can contribute significantly to strengthening the cultural position of the state. Whenever it is best organized, and the appropriate picture that enables the collective management bodies to carry out their functions requires the authors to waive their rights and this is done in a form of organization. Accordingly, the collective management body undertakes the collection of the proceeds of exploitation from the users of these works, and then distributes them to those who deserve them, especially since the new reality demonstrates the individual author’s inability to withstand the radical changes that modern technologies have created represented in the difficulty of having a contractual balance between the two parties to the electronic publishing contract, the author and the publisher. In fact, there is no parity between the performance of the two counterparts. This form of organization between the collective management bodies and the authors was not subject to agreement between legal jurisprudence, some see the transfer theory as a basis for organizing this relationship, others focus on the idea of licensing, and there are those who see that there is a waiver by the author to the collective management authority. The latter justifies doing everything that would defend the rights of authors and creators and collect the returns from their works, and there are those who justify the actions of collective management bodies, given that there is an agency between them and the authors, and this is what we will try to identify in this research.