Representation of interests in a collective management organization

Order representation of interests in a collective management organisation 

The field of collective copyright management in Poland is one of the most regulated, complex and often incomprehensible to rights holders. Collective management organisations (CMOs) are responsible for collecting royalties, distributing remuneration and controlling the use of works. However, for authors, performers or producers, this process often seems complicated: errors in registration, incorrect data or unaccounted uses can lead to significant financial losses. That is why representation in a collective management organisation is a necessity that ensures that your rights are truly protected and that you receive your remuneration in full. 

How does representation in a CMO work? 

A lawyer accompanies the client at every stage of interaction with the collective management organisation: 

1. Analysis of the client's legal status: the lawyer checks whether the rights to be registered with the CMO - copyright, related or mixed - are properly confirmed. 
2. Verification of agreements with previous rights holders: the specialist evaluates the agreements to avoid double registration, disputes or loss of part of the royalties. 
3. Consultation on the choice of organisation: the specialist explains the difference between ZAiKS, SAWP, ZPAV, STOART and helps to choose the one that best represents the client's interests. 
4. Preparation of documents for registration: a lawyer collects the necessary materials, prepares applications and checks the technical data of phonograms or works before submission. 
5. Assessment of possible risks: a specialist analyses whether there are any problems with previous uses, whether the application deadlines have been met, or whether there are any disputes between the parties. 

This approach ensures the correct registration of rights, the proper execution of documents, and the absence of conflicts with CMOs in the future. 

Why is the assistance of a lawyer important when dealing with CMOs? 

In Poland, collective management organisations operate huge catalogues of works and phonograms, as well as significant royalty cash flows. Untimely submitted documents or uncontested distribution results can cost the rights holder thousands of zlotys each year. Therefore, a copyright lawyer performs both technical and strategic work: they monitor the correctness of usage accounting, control payments, defend the client's interests in the event of disputes, and ensure transparency in interactions with CMOs. 

What does a lawyer decide when representing interests? 

Representation in a CMO is systematic rights management, which includes a number of processes that are very difficult to perform independently:

•  Appealing incorrect royalty distributions: the specialist analyses statistics and usage data and prepares arguments for reviewing the CMO's decisions. 
• Checking the accuracy of catalogue data: the specialist verifies that works, phonograms, performers and their roles are entered correctly to avoid ‘lost’ royalties. 
• Protection in disputes between co-owners: a lawyer helps to resolve conflicts between authors, performers or producers by formalising legal positions. 
• Support in the process of leaving the CMO or transferring to another organisation: a specialist ensures compliance with deadlines, conditions and procedures so that the client does not lose access to royalties. 
• Representation in commissions and internal bodies of the CMO: the specialist submits applications, prepares requests, represents the client's position and monitors the compliance of decisions with the law. 

Resolving these issues allows the rights holder to focus on creative or production work, knowing that legal protection and financial transparency are guaranteed.