ORGANIZATION OF COLLECTIVE MANAGEMENT IN THE SYSTEM OF LEGAL REGULATION OF PROTECTION OF PERFORMERS’ RIGHTS TO THE RESULTS OF CREATIVE ACTIVITY IN UKRAINE

Abstract

The study examines the conceptual foundations of the functioning of collective management organizations as a key element of the legal regulation system for the protection of performers’ rights to the results of creative activity in Ukraine. The legal nature of collective management organizations (CMOs) is analyzed, including their status as legal entities and subjects performing intermediary functions between rights holders and users of works. The regulatory framework defining the legal status of CMOs is outlined, in particular, the Law of Ukraine «On Copyright and Related Rights» and the Law of Ukraine «On Effective Management of Property Rights of Rights Holders in the Field of Copyright and/or Related Rights.» Special attention is paid to the functional purpose of CMOs, among the main aspects of which are licensing the use of works, collecting and distributing royalties, monitoring the legality of the use of copyright objects, representing performers’ interests in court proceedings, and maintaining registers of rights holders and licensees. The main types of collective management are defined: voluntary, which involves the independent transfer of rights by performers; extended, which requires all users of a certain category of works to obtain a license from a CMO; and mandatory, which applies in cases where individual licensing is impossible or ineffective. The importance of innovative technologies in CMO activities is revealed, in particular, the use of blockchain systems for transparent royalty distribution, artificial intelligence for automated monitoring of copyright infringements, as well as digital rights management technologies for protecting content in the digital environment. It is emphasized that such approaches contribute to increasing the efficiency of copyright management, minimizing violations, and optimizing the mechanism for distributing remuneration to performers. The dual legal nature of CMOs in the legal regulation system is highlighted, both as subjects operating within the framework of legislation and as instruments ensuring the implementation of legal norms, royalty distribution mechanisms, and performers’ rights protection in national and international contexts. The conclusion is drawn that in the conditions of digital transformation, CMOs play a crucial role in shaping a balanced system of legal regulation that meets the challenges of the modern cultural and information space.