We may summarize the implementation in a few lines:

• Operational Scheme

• Operational / Internet users : Compulsory payment by each user of a flat fee to his/her ISP.. Each user determines ( remuneration distribution key ) the distribution of the flat fee among content creators , at his/her assessment.

• Operational / Rights owners: Retrieval of payments from copyright collectives or copyright collection societies and performing rights organizations that received the fees collected by the ISPs.

• Overall legal general scheme: Legal and regulatory framework for the management of authors' exclusive rights, so we are not dealing with an exception to exclusive rights.

  • Legal scheme / Internet users : public law statutes or laws of public order included in contracts between users and their ISPs, introducing a relationship with copyright collectives.

  • Legal scheme / Rights owners: public law statutes or laws of public order included in contracts between users and their copyright collectives. introducing a relationship with a relationship with ISPs.

Lets proceed with a more detailed analysis, starting with the legal principles.

We underline that it is quite logical that copyright collectives , copyright collection societies and performing rights organizations, because of their goals, participate in the collection of payment for works published on the Internet, and this, in a collective (and in not "collectivist") manner. As a result of public law statutes introduced by the legislator in the contracts between content creators and their copyright collectives , and possibly even in the statutes and bylaws of the copyright collectives association themselves to empower better management, seem quite adequate. These public law statutes shall concern almost all current professional artists (including those represented by the majors).

The few creators that have not contracted with copyright collectives shall remain outside the field of the global patronage.. They are unwilling to assign the management of their exclusive rights to a copyright collectives . It's their choice. The legal framework does not force them to abandon from exercising their rights themselves. These creators will remain in the traditional legal frame (forgery etc ...). It can be clearly seen that, because creators have a choice, that our scheme does not amount to an exception, and this legal law point is of paramount importance. Only if they choose a collective solution ( copyright collectives ) then only in those circumstances, they shall be involved in the Global Patronage scheme.

For digital content creators (or digital) that are not currently affiliated with a copyright collective . Several cases are to be considered:

• There is no copyright collective for that type of digital content, such as blogs. Besides spontaneous creation of specialized copyright collectives, the legislature might have to supports the creation of a "general copyright collective " for all types of digital content.
• The creator does not want to join any copyright collective. We do not expect that there would be many such cases, because it would be quite hard and inefficient to collect royalties by herself/himself :
  • In the prime formulation of the Global Patronage , it is not expected to force a creator to join a copyright collective. , and he / she can manage all its exclusive rights (e) only (e), as he / she wishes.
  • A second possible approach is to make automatic, by law, for any person not already affiliated with a copyright collective to become member of a general copyright collective. An individual may, however, by a specific decision, may opt out of this general copyright collective.
  • A third formulation, somewhat bolder , is to make compulsory copyright collective .affiliation. It is a more daring move, since it is not without legal risk. We must really consider in detail whether this mandatory affiliation, combined with public policy statute in contracts, can be likened to a de jure exception. We believe not, but a more thorough legal review is required.

(To be continued)