Collective management of copyright and related rights in the EU and the role of independent management entities

Abstract This article aims to explore a heavily underexplored area in collective management: the notion and role of independent management entities (IMEs). It provides an overview of IMEs established in the EU and their current regulatory status. Part I examines the background to the introduction of IMEs into the collective rights management (CRM) Directive. Part II explores the concept of IMEs in comparison with collective management organizations (CMOs) and third entities that are neither CMOs nor IMEs. Part III examines the role of IMEs as Service Providers of Collective Management Services under (a) the CRM Directive, (b) the E-Commerce Directive and (c) the Free Movement of Goods and Services Directive. In this context, the CJEU judgments OSA (C-351/12) and LEA v Jamendo (C-10/22) are considered. Part IV discusses whether IMEs have a positive role in the CRM market and concludes that, while there is no one-size-fits-all solution, their involvement benefits both rightholders and users of works.