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What is Meant by the Legitimation to Act of a Society in Relation to Copyright?
By Vera Abogados
The presumption of representation or procedural legitimacy of a collective management society aims to provide authors and other rights holders, through the collective management society, with an effective and efficient tool to protect and exercise the economic rights under its administration, as well as ensure proper collection of these rights.
If a collective management society were required to demonstrate representation of its entire repertoire as a condition to protect it before an authority and collect the rights of its members, this would imply the assumption of excessive costs by the society, making it unfeasible to efficiently and properly collect the rights of its members.
Legitimation to Act essentially refers to the legal standing or authority of a collective management society (CMS) to represent and act on behalf of rights holders (like authors, composers, musicians, etc.) in matters related to copyright. It's about establishing that the CMS is the rightful and legitimate entity to:
-Collect royalties: Gather and distribute royalties from the use of copyrighted works (e.g., music played on radio, TV, in public places).
-Enforce copyright: Take legal action against copyright infringement on behalf of its members.
-Negotiate licenses: Represent rights holders in licensing agreements with users of their works.
Vera Abogados
VERA ABOGADOS ASOCIADOS S.A.-, is a Colombian law firm with specialized lawyers, Founded more than 40 years ago, by Jorge E. Vera Vargas, Doctor in Law and Political Sciences of the La Gran Colombia University in Bogota D.C., Colombia. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador and Panama.
The Firm is today a reference in the Andean Community, and it makes part of important international affiliations such as PRAGMA, EEIG. International Network of Law Firm, The International Trademark Association (INTA), Asociación Interamericana de Propiedad Industrial (ASIPI), Associação Brasileira da Propriedade Intelectual (ABPI), and the Chamber of Industrial Property Agents of the Republic of Argentina(CAPIRA).
VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.
The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy. The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.