Journal Article

The reform of Article 82 and the operation of competition principles upon the normal trading functions of copyright collecting societies

P. Sean Morris

in Journal of Intellectual Property Law & Practice

Volume 4, issue 8, pages 566-572
Published in print August 2009 | ISSN: 1747-1532
Published online July 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp094
The reform of Article 82 and the operation of competition principles upon the normal trading functions of copyright collecting societies

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This article will offer some perspectives on an area of copyright law that seems to have been neglected whenever the narrative surrounds EC Competition law or IP rights in Europe—that area is copyright collecting societies (CCS). The article first discuss CCS in the context for the reform of Article 82 and the operation of competition norms upon the normal trading functions of copyright collecting societies and addresses the problems associated with such trading functions. The article also discusses the Kanal 5 case, a recent ruling by the ECJ. The article is not an exhaustive overview of the subject area, since the area of copyright collecting societies is too broad to be covered in its entirety within the ambits of this article; however, the intention is, the arguments raised herein will stimulate further interest.

Journal Article.  5403 words. 

Subjects: Arbitration ; Intellectual Property Law

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