What is the role of the Council of Copyright Experts?
First, the main function of the Council is an expert witness activity during judicial procedures (as one of the modes of proof). When the court has no special expertise to determine or judge significant facts or other circumstances, the legal opportunity is opened to appoint an expert witness.
Second, besides the authorities, upon request, the Council provides an expert opinion in extrajudicial procedures on issues and professional questions arising, mainly concerning the exercise of right of use. (The method and the opinion of the Council are analogous to the ‘expert determination’ which can be achieved by one of the alternative dispute resolution procedures of the World Intellectual Property Office.)
Third, as the mediation function of the Council, if no agreement on remuneration and other terms and conditions of use is reached between the user and rightholder, or between the users or their representative organisations and collecting management organisations, either party may turn to the Mediation Board of the Council. The objective of the procedure of the Mediation Board aims to facilitate an agreement between the parties.
This function of the Council is in compliance with the Article 11 of the “Satellite and Cable Directive” (Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission).
The Council operates attached to HIPO, however, it is a professionally independent organ.
What are the typical questions to the Council?
Is the work protected by copyright?
How much is the loss / damage?
Are the payments proportionate to use of works?
Who are the rightholders / aggrieved parties?
Why shall the hotel owner pay royalty to the collecting society and to the radio or television organisation too?
What are the copyright-related aspects of internet protocol television (IPTV), personal video recorder (PVR), time-shifting, or set-top box?
Is the digital cable retransmission defined to be a separated use of work from the analogue cable retransmission? Does user shall pay for both of them, two times?