Moa Bergsten has written her final thesis for the completion of Masters in Law on the topic of collecting societies and Creative Commons licensing. But the essay is more than a theoretical standpoint it is an analysis of the situation in Sweden where the main copyright collecting society has begun to allow member to use Creative Commons licenses. Thus the title of Moa’s work is Stim & Creative Commons Licensing.
Thus, the purpose of this paper is to analyze judicial problems that may arise when a copyright collecting society draws up conditions for the use of CC licenses within the scope of their right management mandate. (p6)
And from her conclusions we may read that the collecting societies are forced to accept both digital realities and to proide a continued service to their members.
The initiative of STIM to allow CC licensing is an outflow of flexibility and adaption to the digital reality. As a result a new member category is created and STIM is obligated to carry out the management with respect to the member group with due diligence and fulfill its responsibility as a trustee.
No doubt the new opportunity will cause complex interpretational determinations. However, this fact does not deprive STIM from its obligation to carry out the management in best manner possible. (p76)
Congratulations Moa on a well written, insightful and important work! Thanks for writing it in English. And thank you for allowing me to post it online. I only wish you had licensed it under a Creative Commons license.