Project Title

Guidelines on the Best Licensing Practices of Collective Management Organisations (CMOs) to MSMEs 

Project Year

2017   

Project Number

CTI 33 2017A 

Project Session

Session 2   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

CTI 33 2017A 

Project Title

Guidelines on the Best Licensing Practices of Collective Management Organisations (CMOs) to MSMEs 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

APEC Support Fund 

Sub-fund

ASF: General Fund 

Project Year

2017 

Project Session

Session 2 

APEC Funding

89,000 

Co-funding Amount

16,000 

Total Project Value

105,000 

Sponsoring Forum

Intellectual Property Rights Experts Group (IPEG) 

Topics

Intellectual Property 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Chinese Taipei 

Co-Sponsoring Economies

Japan; Korea; United States 

Expected Start Date

01/12/2017 

Expected Completion Date

31/12/2018 

Project Proponent Name 1

Mao Hao-Chi 

Job Title 1

Director 

Organization 1

Copyright Division, Intellectual property Office (TIPO) 

Postal Address 1

3F, 185 Hsinhai Rd, Sec 2, Taipei City 10637 

Telephone 1

886-2 23767135 

Fax 1

Not Applicable 

Email 1

ipocr@tipo.gov.tw 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Mao Hao-Chi 

Project Summary

Collective management organizations (CMOs) are a crucial part of the supply chain of the entertainment, creative, and business industries that cover all audio and video works. With the advancement of digital technologies, it has become even more important for CMOs to establish an efficient and accessible licensing model and bring down licensing costs when authorizing to MSMEs, thereby improving the effectiveness of goods and services while creating new values in the industrial sector, which would be a crucial element to boost industrial growth.

Chinese Taipei proposes the “Guidelines on the Best Licensing Practices of Collective Management Organizations (CMOs) to MSMEs” project. By sending out a questionnaire to all APEC economies, carrying out analysis, conducting in-depth follow-up interviews with chosen economies with successful licensing models, and holding workshop, Chinese Taipei intends to compile and publish a booklet on the best licensing practices of CMOs to MSMEs, which can serve as a highly practical and effective reference tool for CMOs, licensing practitioners, and government agencies in the APEC region.

Relevance

For most APEC economies, the economic values produced by copyright-related industries are an important driver for its economic growth, and collective management organizations (CMOs) play an indispensable part in the supply chain of these industries, covering film, music, broadcast, entertainment, creative, and business sectors. However, with the advancement of digital technologies and the growing various types of copyright exploitation, many CMOs are not at their most effective when they face the mass number of users, such as MSMEs or startups that need to obtain authorization through new types of licensing. As such, it is a common challenge for APEC economies to find ways to bring down licensing costs between CMOs and MSMEs, thereby further adding values to goods and services provided by MSMEs.

By looking at how CMOs can take full advantage of their entitlement to authorize uses collectively while making use of digital technologies, the project intends to compile successful CMO licensing practices in the APEC region, thereby facilitating the development of new licensing models. We believe the guidelines drawn up as a result can offer substantive help to CMOs in APEC economies when they provide licensing services in the future.

The project falls under Rank 1 and Rank 2 as a project that demonstrates a direct link to promoting regional economic integration via free and open trade and investment and directly supports the APEC Strategy for Strengthening Quality Growth. By compiling good licensing practices and relevant copyright policies into a booklet of guidelines through this project, we aim to bring greater economic benefits to relevant industries and achieve the following goals:

1) Developing information technology and digital economy, including e‐commerce, ICT infrastructure, and digital trade (Rank 1);

2) Promoting the Internet Economy, including the implementation of APEC Initiative of Cooperation (Rank 1); and

3) Promoting the protection and enforcement of intellectual property rights, including trade secrets (Rank 2).

Objectives

1)  Provide a highly practical and effective reference tool for CMOs, licensing practitioners, and government agencies in APEC economies by compiling best real-world licensing policies and successful examples into a booklet of guidelines on licensing practices.

2)  Address the capacity building needs of CMOs, licensing practitioners and government agencies in the APEC region by holding workshop (2-day) that will allow experts and practitioners with real-world experience to exchange views about the best licensing practices and to help develop a questionnaire that will be circulated to collect successful examples.

Alignment

The project is in line with a number of priority themes set out in the Manila Framework, including “promoting the development of knowledge-based economies” and “developing and strengthening the dynamism of small and medium enterprises (SMEs)”. As one of the priorities of the 2017 APEC, themed “Creating New Dynamism, Fostering a Shared Future”, is “strengthening MSMEs’ competitiveness and innovation in the digital age”, the project intends to compile the best licensing practices of CMOs into a booklet of guidelines, in the hope of making CMOs and MSMEs of APEC economies more competitive and innovative in the digital age.

The goals of the IPEG Workplan include “deepening the dialogue on intellectual property policy”, “surveying and exchanging information on the current status of IPR protection and administrative systems”, and “studying measures for the effective enforcement of IPR”. The project intends to find successful and accessible licensing practices and relevant policies for MSMEs and startups for their reference, thereby further stepping up protection for intellectual property rights.

TILF/ASF Justification

CMO systems in different APEC economies are at different development stages, with different legal systems and real-world practices. In some developing economies in the APEC region, as universal awareness of copyright is not yet a reality, which can result in the less-than-perfect CMO practices, it remains a challenge for copyright-related industries to authorize the use of copyrighted works. However, with the rise of the film, music, broadcast, and entertainment industries in all APEC economies, developing and developed ones alike, better licensing models and policies are urgently needed, to sustain the positive momentum. By looking at successful licensing models in the region, this project aims to facilitate the establishment of accessible licensing models, encourage users to seek authorization, and bring down licensing costs while yielding profits, in the hope of benefiting both copyright owners and MSME users, making CMOs more effective in relevant industries, and further boosting copyright industries in developing economies in the APEC region.

Beneficiaries and Outputs

Outputs:

1) Comprehensive research work on licensing and policy development situations in all APEC economies, through sending out a questionnaire and carrying out in-depth interviews:  We will request Korea, Japan, and the US, the co-sponsoring economies of the project, to each nominate two CMO experts or licensing practitioners to form a research team with TIPO representatives. The research team will be responsible for designing the questionnaire. It will also consult officials from APEC economies when developing the questionnaire, before asking the economies to help circulating the questionnaire to CMOs for a comprehensive research. After receiving returned questionnaire from APEC economies, we will choose 6 economies (3 developed economies and 3 developing economies) and conduct in-depth interviews through emails and virtual meetings. This will be a comprehensive research work that aims at collecting common, to-be-solved, or possible real-life problems in this regard in APEC economies.

2)
  Capacity-building workshop: We will hold the workshop (2day) and make it an occasion for experts, and members of CMOs and MSMEs in APEC economies. Participants also include policy makers (e.g. competent authorities of CMOs and copyright-related industries) from across all APEC economies. The workshop is to reflect upon some of the latest trends such as digital technologies, the Internet economy, and cross-border licensing, and to discuss what is the best licensing model and what can be done about current CMO policies. The workshop will help CMOs and MSMEs address their capacity building needs when they face challenges such as the rapidly-evolving digital landscape and the growing types of copyright exploitation, by helping them develop a suitable and effective licensing model and relevant application strategies.

3)  A booklet entitled “Guidelines on the Best Licensing Practices of Collective Management Organizations (CMOs) to MSMEs”: By collecting relevant successful stories, we will compile a booklet, entitled “Guidelines on the Best Licensing Practices of Collective Management Organizations (CMOs) to MSMEs”. As react to the rapid changing digital age, development of Internet economy, and trend of cross-border licensing, the booklet will include description of challenges faced by CMOs and MSMEs in the digital age, successful stories in 6 economies (3 developed economies and 3 developing economies as mentioned in 5.1), and strategies or advice that will help CMOs and MSMEs cope with difficulties and become more competitive in the future. The booklet can serve as a ready-made reference tool with relevant cases and strategies. 

We will also provide other products produced, such as the questionnaire, presentation materials, and summarized interview transcripts for reference purposes. 

Outcomes:

1)  We hope to make the booklet a valuable reference tool for CMOs, MSMEs, licensing practitioners, professionals, and government policy makers in the APEC region. In addition, by conducting the capacity-building workshop, we aim to make it easier for all parties concerned to realize and overcome the difficulty of copyright licensing, take full advantage of licensing opportunities, and boost industries, through more accessible licensing models.

2)  For instance, for CMOs, by referring to the booklet, they can build a more effective licensing model, thereby bringing down administrative costs, creating greater benefits for their members, and at the same time playing a more critical role while boosting industrial growth when they engage with copyright-related startups. On the other hand, for the MSMEs, known for their massive number and scattered nature (such as restaurants and small businesses), and sometimes for their pioneering types of copyright exploitation (such as online music service platforms that provide music through apps), more accessible licensing models and lower licensing costs, will encourage them to make more use of copyrighted works. Moreover, a smooth licensing model will be able to prevent controversies from happening between CMOs and users, which can effectively reduce infringement and facilitate development of copyright industries in a swifter manner. Also, the booklet will allow policy makers in government to get hold of real-world licensing situations and problems, making it possible for them to develop policies that are more in line with the needs of CMOs and MSMEs by referring to relevant successful licensing examples, thereby making CMOs and MSMEs more competitive. 

3) In the long run, with examples of accessible licensing practices and relevant policies, the booklet will be able to raise awareness about copyright, boost the economy, and promote industrial growth, which will create a virtuous cycle that fosters the substantive development of the APEC region. 

Beneficiaries: 

1) The direct participants and beneficiaries of this project are copyright licensing practitioners and policy makers (e.g. competent authorities of CMOs and copyright-related industries) from across all APEC economies, including CMOs(we will send the questionnaire to all CMOs in all APEC economies with the help of APEC economies), managers of MSMEs, relevant practitioners, advisors, policy researchers, and government officials. By referring to and making use of the booklet of guidelines, they will be able to make adjustments to their CMO-related practices effectively and propose the most appropriate operating strategies and policies.

2)  Also, when conducting interviews, the interviewees may include CMOs, competent authorities, and MSMEs, if necessary, so as to get the whole picture of licensing practices in the region and make sure that all important stakeholders’ opinions are considered.

3)  Experts and scholars(nominated by the US, Japan and Korea)  to take part in the questionnaire designing process will be practitioners who has good knowledge about intellectual property matters or who are familiar with the practice of CMO-related issues. They will design and analyze results of the questionnaire, conduct substantive exchanges and discussions at the workshop, and gain a better knowledge about licensing practices across all APEC economies. By looking at the best practices in the region, they will be able to offer the most appropriate suggestions for compilation of the guidelines.

4) Participants and beneficiaries of this project will be able to learn about the best licensing practices through exchanging ideas and experiences regarding licensing practices and strategies at the workshop, and share these best practices in their home economies later. This will benefit all economies by promoting the development of CMO practices, make it easier for MSMEs to obtain authorization of copyrighted works when they seek to improve service or develop new industries, and maximize the effect of industrial development, thereby resulting in better services and goods to clients and the general public.

Dissemination

1)  A news release regarding the publication of the final version of the booklet will be posted on the official site of TIPO (https://www.tipo.gov.tw/). In addition, the booklet will be saved as a PDF file, and put on APEC and TIPO websites. By promoting the booklet at the IPEG and requesting representatives of all economies to help pass on the information, the booklet will also be posted on websites of CMOs and competent government agencies of copyright matters across all APEC economies, which will allow wide and easy access to the content for personnel concerned in all APEC economies. Therefore, the assistance and support of agencies concerned in the APEC region is of crucial importance to the project’s success. 

2) When the booklet is used and later promoted by CMOs and government agencies across all APEC economies, a wide audience, including MSMEs, academic institutions, universities and colleges, as well as users, potential users, and researchers in copyright-related industries, will all be able to gain access to the content of the guidelines, which can serve as a reference for future application or research.

Gender

1) When we design the questionnaire, analyze the results, and invite experts to attend workshop, we will take into consideration the participation and engagement of both men and women. In particular, we will take gender balance into account and seek female experts or scholars from CMOs or in the IP field when we make invitations, in the hope of boosting women’s presence in the IP field. In addition, in the part of in-depth interviews, we will also include a number of female interviewers while encouraging agencies to be interviewed to nominate both male and female interviewees, thereby allowing a more comprehensive feedback. 

2) The electronic version of the final report of the project will be offered to all circles concerned for reference and further use, allowing both men and women to access content of the report on an equal footing. This means that women in copyright-related industries, including female CMO professionals, MSME mangers and licensing practitioners, creators, students, researchers, consultants, and policy makers in government, will have the means and an equal opportunity to access and use the booklet.

Work Plan

Timeline

Key Activities

Related Outputs

Involvement of Beneficiaries and Member Economies

2017.12 to 2018.01

- Set up the research team

- Define research components and make work schedule

- Set up communication and cooperation mechanism

- Work schedule

- A communications plan

The research team will contain 6 experts from co-sponsoring economies.

2018.02 to 2018.03

- Conduct desk research

- Design the questionnaire

- Preliminary findings

- The questionnaire

The questionnaire is developed by asking for inputs from other APEC economies.

2018.04 to 2018.05

- Distribute questionnaires

- Make in-depth interview plan

- In-depth interview plan

The questionnaire will be circulated to member economies.

2018.06 to 2018.08

- Collect the questionnaire and analyze data

- Conduct in-depth interviews

- Questionnaire statistics report

- Summary of in-depth interview transcripts

Two developed economies and three developing economies

2018.09

- Draft of the booklet

- Draft booklet

Comments from beneficiaries and member economies are welcomed.

2018.10

- Hold workshop (2-day) to share experience and collect suggestions

- workshop (2-day)

- Stakeholders and speakers from member economies as well as other international organizations will be invited to share information, in the forms such as keynote speeches and free discussions at one of the workshop (2day).

2018.11

- Modify the booklet and submit

- Final booklet

Comments from beneficiaries and member economies are welcomed.

Risks

Risk 1: Unable to collect a comprehensive list of experts across all APEC economies for the workshop.

Risk management: We will do our best to compile a comprehensive list of experts recommended by CMOs across all APEC economies by designing and circulating comprehensively the questionnaire that would serve the purpose in the early stage of our project. Project Overseer and organizers will work with co-sponsoring economies to get recommendations of potential speakers and identify possible back-up speakers before the event. Announcements of the workshop will be made several times to member economies. Relevant stakeholders will be invited to attend the workshop when we design the questionnaire and carry out the interviews.

Risk 2: Poor feedback from CMOs or low number of best practices collected.

Risk management: Project Overseer will distribute the questionnaire to member economies with the help of the Program Director. Project Overseer and project executors will also actively stay in touch with relevant parties to get feedback .As information about CMOs across most economies around the world (including APEC members) could be found in the WIPO-Baker McKenzie Collecting Societies Handbook (available on the website: http://www.collectingsocietieshb.com/), we will obtain contact details of CMOs from the website in the preliminary stage. In addition, we will also ask copyright competent authorities across all APEC economies to urge domestic CMOs to take part in this project.

Monitoring and Evaluation

1)  We will monitor the progress of preparation against the work plan set out in Section 10. We will circulate surveys to all participants to collect their feedback through the capacity-building workshop. Information we intend to collect include the number of participants and people who speak up from each member economy, the difference between sexes, the level of satisfaction, the effectiveness of information gathered, and the level of understanding of contents of the project. The comments collected will be reflected in the project monitoring reports and project completion report.

2)  Statistics about the number of guidebook downloads page hits made by copyright competent agencies and CMOs across all APEC economies. We will make a report about the statistics in a IPEG meeting in February 2019.

3)  Results of the above research and feedback from the questionnaire will be provided to the IPEG and CTI for evaluation.

4)  During project implementation, the following indicators will be measured to make sure the project is on track: 

Indicators

expected

Timelines

The questionnaire

To CMOs of all 21 economies

Recovery rate: 70%

2018.08 (IPEG meeting)

In-depth interviews

5

Workshop

1

2018.12

Participants (M/F)

30 (15/15)

Speakers engaged

6

Best practices to be include

6

Linkages

1)  Engagement: In addition to representatives from CMOs across all APEC economies, we will consider inviting experts from the International Confederation of Societies of Authors and Composers (CISAC), an important non-profit organization made up of CMOs around the world, to take part in the project, if necessary.

2)  Previous work: In addition to this project, “The Workshop on Copyright Limitations and Exceptions” proposed by Chili in 2011 also falls into the realm of copyright-related research. However, as there are no in-depth discussions about copyright licensing models and practices as well as CMO systems at the APEC at the moment, this project will be the first of its kind focusing on CMO-related matters in the organization. We have held a symposium on practices adopted by CMOs in 2016, though, during which topics such as the running and good governance of CMOs were discussed, stimulating further discussions about challenges faced by CMOs in today’s digital world as well as possibilities to facilitate cross-border cooperation. This has paved the way for this project to conduct further researches and analysis on the current licensing situations and policies of APEC economies, and compile a booklet of guidelines on the best licensing practices in the region, by looking at real-world licensing challenges and collecting relevant success stories.

3)  APEC’s comparative advantage:  As the legal regimes and level of social and economic development in the Asia-Pacific region vary greatly, the CMO systems and licensing practices in the area are also much more complicated than those in areas with a common standard, such as Europe, therefore making it even more worthwhile to conduct further researches and discussions. Therefore, we believe that the APEC is the best sources of funds for this project.

Sustainability

1)  Participants are encouraged to share their experiences and ideas about licensing practices at the workshop. Activities such as outlining things they will do in their home economy to promote the Guidelines or outlining the strategies they plan to adopt based on the Guidelines are also encouraged. 

2)  With the development of the Internet economy and digital technologies, the licensing and use of copyrighted works is no longer something that is limited to one’s domestic territory. With this project, participants will be able to apply the best licensing practices introduced in the booklet, making their licensing practices even more accessible and flexible. This will not only boost growth of copyright-related industries, but also pave the way for better measures to promote cross-border licensing. In addition, participants can also hold relevant workshop afterwards in their home economies, as well as sharing practices and helpful policies introduced by the booklet, which can also continue the impact of this project.

3)  After the completion of the project, we will encourage participants and relevant personnel to share how they have used the booklet and the results of their practices, as well as provide feedback, by means of email, relevant researches, or holding relevant forum. In addition, we will also consider holding more copyright or CMO-related researches, such as the situation after APEC economies have applied the best licensing models introduced by the booklet, including the possible economic effects and the substantive benefits to copyright industries in the region.

Project Overseers

Mao Hao-chi
Director, Copyright Division, Intellectual Property Office (TIPO)

Graduated from the Department of Law of the Fu Jen Catholic University, Mao Hao-chi has an extensive knowledge of law and has been a core participant of the IP policy-making process at TIPO. Currently serving as the Director of the Copyright Division at TIPO, he has been eagerly promoting the amendment of the local copyright law. With a wealth of experience dealing with CMOs and being highly familiar with their legal regimes and practices, he has a deep understanding about the challenges CMOs face as well as controversies in the licensing market. He is good at settling conflicts between CMOs and users through mediation, as well as facilitating cooperation between industries and CMOs to create economic values.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Not Applicable.

Waivers

Not Applicable.

Are there any supporting document attached?

No 
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Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

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