Journal Article

Competition and collecting societies: switch the channel, change the royalty rate?

Kristof Neefs

in Journal of Intellectual Property Law & Practice

Volume 4, issue 5, pages 319-321
Published in print May 2009 | ISSN: 1747-1532
Published online March 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp035
Competition and collecting societies: switch the channel, change the royalty rate?

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The Court of Justice of the European Communities (ECJ) ruled that Article 82 EC does not preclude copyright management societies from imposing royalty rates calculated partly on the basis of television broadcast companies' revenues, provided that the royalty calculation takes into account the actual or estimated use of the licensed repertoire and except where another calculation method would permit a more accurate identification of the use of that repertoire and the audience reached, without a disproportionate decrease in the efficiency of copyright management. The Court also held that applying different royalty rates to commercial and public channels probably amounts to an abuse of a dominant position unless there are objective justifications for such differential treatment.

Journal Article.  1170 words. 

Subjects: Arbitration ; Intellectual Property Law

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