Collective Management of Copyright and Related Rights in Musical Works

The Max Planck Institute welcomes the initiative of the European Commission for a binding legal instrument on collective management of copyright and related rights in the EU. Numerous provisions are to be appreciated (paras 15 and 31). Yet the Commission seems to fail to take account of the full legal framework and factual circumstances that have structured the current system of collective rights management. Disposing of natural monopolies in a two-sided market (paras 5-9), collecting societies (about this terminology, see footnote 2) should not refuse to grant access to their services to rightholders and users. Hence, it is strongly recommended that the European legislature follows the experience of numerous Members States and proposes an obligation to contract with rightholders (para 10) as well as with users (para 11). The critique on the Commission’s approach to cross-border licences for online rights on musical works as set forth in the Recommendation of 2005 (footnote 6) has unfortunately not been duly considered and the Commission’s assessment of the practical effects of the Recommendation is mistaken (paras 9-10, 12, 17, 46 et seq.). Differences of substantive copyright law among Member States still constitute an obstacle to the establishment of an internal market for works. This is why the Institute deems the Commission's sectorial approach to the regulation of cross-border licensing to be problematic. Also such regulation would require further harmonisation of substantive copyright law (paras 13, 20 and 25). Moreover, the Proposal fails to take account of statutory remuneration rights and cases of mandatory collective management (see paras 14, 18 and 36). Both pursue specific protection of original rightholders. In this regard the Proposal’s refusal to distinguish between different categories of rightholders raises concerns (paras 15-18, 28, 55). Since collecting societies manage copyrights and related rights arising from national law, and considering the benefits of an authorisation system (paras 57 and 69 et seq.), which can be found in several Member States, the Institute advises the European legislature to clearly state that the intellectual property exception of article 17(11) of the Service Directive applies to collecting societies (paras 19-24). The Proposal endangers the balance both between different categories of rightholders and between rightholders and users that the established system of collective management of copyright in Europe traditionally seeks to achieve (see paras 32-45, 64). It thereby compromises the laudable goal to foster the establishment of an internal market for online uses of works across Europe (paras 12, 26, 46-65)

Branch-and-Price-and-Cut for the Active-Passive Vehicle-Routing Problem

This paper presents a branch-And-price-And-cut algorithm for the exact solution of the active-passive vehicle-routing problem (APVRP). The APVRP covers a range of logistics applications where pickup-And-delivery requests necessitate a joint operation of active vehicles (e.g., trucks) and passive vehicles (e.g., loading devices such as containers or swap bodies). The objective is to minimize aweighted sum of the total distance traveled, the total completion time of the routes, and the number of unserved requests. To this end, the problem supports a flexible coupling and decoupling of active and passive vehicles at customer locations. Accordingly, the operations of the vehicles have to be synchronized carefully in the planning. The contribution of the paper is twofold: First, we present an exact branch-And-price-And-cut algorithm for this class of routing problems with synchronization constraints. To our knowledge, this algorithm is the first such approach that considers explicitly the temporal interdependencies between active and passive vehicles. The algorithm is based on a nontrivial network representation that models the logical relationships between the different transport tasks necessary to fulfill a request as well as the synchronization of the movements of active and passive vehicles. Second, we contribute to the development of branch-And-price methods in general, in that we solve, for the first time, an ng-path relaxation of a pricing problem with linear vertex costs by means of a bidirectional labeling algorithm. Computational experiments show that the proposed algorithm delivers improved bounds and solutions for a number of APVRP benchmark instances. It is able to solve instances with up to 76 tasks, four active, and eight passive vehicles to optimality within two hours of CPU time

Solving large 0–1 multidimensional knapsack problems by a new simplified binary artificial fish swarm algorithm

The artificial fish swarm algorithm has recently been emerged in continuous global optimization. It uses points of a population in space to identify the position of fish in the school. Many real-world optimization problems are described by 0-1 multidimensional knapsack problems that are NP-hard. In the last decades several exact as well as heuristic methods have been proposed for solving these problems. In this paper, a new simpli ed binary version of the artificial fish swarm algorithm is presented, where a point/ fish is represented by a binary string of 0/1 bits. Trial points are created by using crossover and mutation in the different fi sh behavior that are randomly selected by using two user de ned probability values. In order to make the points feasible the presented algorithm uses a random heuristic drop item procedure followed by an add item procedure aiming to increase the profit throughout the adding of more items in the knapsack. A cyclic reinitialization of 50% of the population, and a simple local search that allows the progress of a small percentage of points towards optimality and after that refines the best point in the population greatly improve the quality of the solutions. The presented method is tested on a set of benchmark instances and a comparison with other methods available in literature is shown. The comparison shows that the proposed method can be an alternative method for solving these problems.The authors wish to thank three anonymous referees for their comments and valuable suggestions to improve the paper. The first author acknowledges Ciˆencia 2007 of FCT (Foundation for Science and Technology) Portugal for the fellowship grant C2007-UMINHO-ALGORITMI-04. Financial support from FEDER COMPETE (Operational Programme Thematic Factors of Competitiveness) and FCT under project FCOMP-01-0124-FEDER-022674 is also acknowledged