Collective rights for business are where a group of individuals hold rights, as opposed to rights held by an individual. This is thus different from individual rights. Collective rights are held by a society on behalf of their members. These societies help negotiate for licensing terms and royalty rates for their members who mostly are either authors or artists. Collective rights, however, infringe on individual rights and it brings some conflict of interest.
The royalties are distributed to the members who have individual rights but are not involved in the negotiation process by the society. Another form of collective society is clearance centers where the individual members get involved in the negotiation process.
Collective rights are important to everyone because they;
- Help distinguish societies and show that every society is different from other societies. This helps to uphold the culture of different societies in the country. It is important to indigenous people because it helps preserve their culture.
- Collective rights help members of the society represented get better deals and royalties when negotiating for business deals. This is because working as a group as opposed to individuals gives members an edge and strength to negotiate for better deals.
- Employment Lawyers London explain collective rights as a trend that will have to change in the future for business reasons. They, however, also see these rights as an opportunity to use them legally and help the indigenous people.
- They also say that several of the collective rights also have individual rights, and should be included more in law studies. The reason for not being included in law school is probably because many people understand human rights but they don’t understand collective human rights and how they interact. Lawyers say that because of lack of legal theory that explains how the balancing of collective and individual rights occurs, the courts should form a corpus of law based on facts of cases brought before them. This, however, might pose a problem because it would risk the development of unprincipled law. This is because counsel and claimants would find it impossible to realize whether their deeds constitute a violation of human rights. However, this can be avoided by the courts offering a principled vision of the laws when judging cases.
- Another issue of concern lawyers in London address is the risk of these unprincipled laws raising a concern that a legal resolution that might work for one case creates adverse consequences in other cases. Judges, therefore, have to consider the case brought before them without reference to any previous similar cases.
Thus in summary, such matters are the reasons courts and schools of law are reluctant to explore collective rights as representatives of individual rights.
Courts of law should think about incorporating these rights in decision making because when you are an individual, you will have no use for human rights. As a London business person, you should get your lawyer to explain and clarify these collective rights.