I modelli organizzativi delle collecting societies

The essay explores the corporate organizational models that copyright collective management societies can adopt under the light of the European regulatory frame- work, outlined in Directive (EU) 2014/26 and implemented in Italy through Legis- lative Decree 35/2017. The study is divided into two parts: the first examines the relationship between general corporate law and the specific regulations governing copyright collecting societies; the second focuses on the organizational models of cooperatives and limited liability companies, highlighting their suitability for meet- ing regulatory and market demands. The essay discusses how market liberalization has raised questions regarding how corporate organizational models should adapt to specific regulatory requirements. Cooperatives emerge as a particularly suitable model for non-profit copyright collecting societies due to their flexibility, openness, and compliance with principles of fairness and democracy. Conversely, limited lia- bility companies are identified as the preferred corporate model for profit-oriented copyright collecting societies, although they require specific adaptations to ensure compliance with the rules established by Directive 2014/26, particularly in terms of governance and the transfer of shares. The essay concludes that flexibility in select- ing organizational models allows copyright collecting societies to better address the needs of an increasingly fragmented and user-oriented market, adapting to the di- verse interests and objectives of the stakeholders involved.