Copyright owners can manage their economic rights in several ways: directly, through a representative (such as a lawyer or ), or through a .
Visual artists hold many rights, including reproduction, distribution, communication to the public, and, in some countries, the resale right. Managing these rights individually can be challenging, especially when artworks circulate across institutions, appear online, or are used abroad. Collective management offers a practical solution by helping creators manage, monitor, and benefit from uses that would be difficult to oversee on their own.
CMOs can, on behalf of artists, enter into agreements with users of artworks, negotiate royalty rates, collect and distribute payments, and ensure that creators receive fair remuneration for the use of their works. They also play an important role in protecting the intellectual property rights of other categories of creators, such as musicians and writers.
In most cases, copyright owners are free to manage their rights and to set or receive payment for the use of their works directly. Sometimes, however, national laws require that certain payments be handled only through a CMO. This often applies to schemes set up by the law, such as , where collection and distribution are carried out exclusively by CMOs. In some countries, for artworks resold through galleries or auction houses must also be collected this way.
Copyright protection is territorial, which makes it difficult for individual artists to monitor how their work is used abroad. Through , a foreign CMO can collect royalties generated abroad and pass them on to the artist’s CMO, which can then distribute the royalties to the artist. This makes rights such as reproduction, communication to the public and resale royalties effective internationally, even when the artist does not engage directly with foreign users.
CMOs typically provide standardized licensing mechanisms for certain uses of visual artworks. In some countries, this may include or , such as for reprographic reproduction or educational use. Unlike in the music sector, these licenses do not usually cover an open-ended catalogue of works for all uses; instead, they apply only to the specific works and uses managed by the CMO. Such arrangements can nonetheless simplify compliance for users while allowing artists to be remunerated for uses that would be difficult or impossible to license on an individual basis.
For a broader introduction to CMOs, their functions, and their role in the international system, read our page on Collective Management Organizations (CMOs).
Image credit: Matt Reames