Data protection, artificial intelligence and blockchain draw collective management experts to Legal Committee in Buenos Aires
Hosted by SADAIC, the CISAC Legal Committee (CJL) convened in Argentina on July 2nd and 3rd. Experts from all around the world gathered to learn about legislative developments around the world as well as new technologies. The CJL also elected its Chair and Vice Chair for the 2019-2022 term, selecting Caroline Bonin of SACEM as Chair and Sydney Sanches of UBC as Vice Chair.
Legal experts from CISAC societies were updated on the confederation’s legal, educational and lobbying priorities. This includes the issue of copyright buy-outs, the new CISAC MOOC and the 2019 ALAI Annual Congress in Prague in September. CISAC is the main partner and contributor this year, which will focus on collective management.
SADAIC Head of Legal Department Etel Ferraro opened the committee meeting by detailing collective management of copyright and related rights in Argentina. More specifically, he discussed recent cases regarding secondary performance of musical works through TV sets in hotels.
Argentinian societies SAVA and ARGENTORES provided insights on the main priorities for the audiovisual and visual art repertoire in the country. IIDA President Dr Delia Lipszyc gave a special focus on Argentina as part of an authors’ rights and related rights legislative panorama on Latin American countries.
GESAC and SACD on behalf of SAA updated on copyright developments in the European Union. ARTISJUS Senior Legal Counsel Gabor Faludi explored the impact for collective management of the new EU directives on copyright as well as possible new models of extended collective licensing.
WIPO Copyright Infrastructure Division Counsellor Anita Huss-Ekerhult detailed tools and assistance for collective management, including a tool kit and capacity-building initiatives.
SACEM Legal Department Director Caroline Bonin examined the question of if achievements in the literary or artistic framework from artificial intelligence should be protected by authors’ rights. Currently, AI is a tool to help creation. However, in the long run, it is designed to produce works autonomously of a user without human intervention. Potential explanations were detailed by looking back at French case law regarding obstacles, authorship, the work and the requirement of originality.
The committee reviewed data protection legislation, particularly GDPR in Europe, and its effects on collective management. A roundtable further delved into the implementation of GDPR as well as other legislative efforts on protecting data. A proposal to discuss common ground for further enhancing personal data protection among CMOs and sharing best practices was launched by ZAiKS.
CJL members receive a progress update about implementing membership criteria reforms as well as adapting legal frameworks for CISAC members and client RMEs.
The meeting ended with a roundtable on the situation and challenges in differing jurisdictions of withholding tax and double taxation.