Specialized Legal Advice for Independent Management Entities (“IME”)
In our commitment to offering comprehensive legal advice to the music and entertainment industry, we extend our services to independent management entities who operate, among other sectors, in the field of background music in commercial establishments, in cooperation with “Radio in stores” broadcasting the contents, in accordance with the European “Barnier” Directive.
Below we clarify the definition of “IME” and explore the main questions our clients often have in the field of copyright management in this area.
Independent Management Entities (IME) – A Definition:
Independent management entities, known as IMEs (Independent Management Entities), are increasingly key players in the music industry, especially in the context of the European “Barnier” Directive. This directive, adopted in 2014, focuses on the collective management of copyright and related rights, with the aim of promoting greater transparency and efficiency in the recollection and distribution of music royalties.
An IME is an independent entity, authorized by copyright holders or their representatives, that is responsible for the collective management of copyright and related rights. IMEs are crucial to the recollection and distribution of royalties for the use of music in commercial establishments and other public places. Their main function is to ensure that copyright holders receive fair compensation for the use of their musical works.
Top Questions from Our Clients about Copyright Management
Our clients often have specific questions and challenges related to copyright management in background music in commercial establishments. Some of the most common topics we address in our legal advice include:
- Licenses and Permits: One of the main challenges that IMEs face is ensuring their clients that they have the appropriate licenses and permissions to play music publicly. Our legal services help our clients understand the regulations and procedures necessary to obtain such licenses from rights holders and ensure compliance with copyright laws.
- Fees and Royalties: IMEs must calculate and collect fees and royalties for the use of music in commercial establishments. This involves negotiating agreements with copyright holders and determining appropriate rates. Our legal team is experienced in negotiating fair agreements and managing disputes related to fees and royalties.
- Repertoire Management: IMEs must manage and protect a repertoire of musical works, ensuring that copyright is respected and that royalties are distributed fairly. We offer advice on the effective management of the repertoire and on the resolution of disputes related to the ownership of rights.
- Regulatory Compliance: The “Barnier” Directive establishes specific regulations that IMEs must comply with, for example respecting the mandatory management sectors offered by traditional Collective Management Entities. Our legal team stays abreast of changes in national and international laws, regulations and jurisprudence related to copyright and collective management and provides guidance to ensure regulatory compliance, taking advantage of solid relationships built over the years with Entities of traditional Collective Management.
- Conflict Resolution: Conflicts in copyright management can arise at any time. We offer advice on the resolution of disputes, whether with copyright holders, commercial establishments, Collective Management Entities or third parties involved in the difusion of music.
- Transparency: The “Barnier” Directive emphasizes transparency in the collective management of copyright. We help IMEs establish processes and systems that meet the reporting and transparency requirements required by legislation, ensuring proper financial management.
- Internationalization: Background music in commercial establishments often crosses borders. Our international experience allows us to assist IMEs in the management of copyright at an international level and in the negotiation of cross-border agreements with other sector entities.
- Data Protection and Privacy: Copyright management involves the management of personal data of copyright holders as well as final users of music. Our legal team addresses data protection and privacy issues to ensure compliance with applicable privacy laws.
- Growth and Development: Many Independent Operators seek to expand their operations and develop new services. We provide advice on growth strategies, mergers and acquisitions, and other aspects related to the development of their businesses, as well as the drafting and negotiation of licensing and distribution contracts with commercial partners and Radio in Stores.”