DOCSLIB.ORG

Copyright, Competition and Development

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Copyright, Competition and Development Copyright, Competition and Development Report by the Max Planck Institute for Intellectual Property and Competition Law, Munich December 2013 Preliminary note: The preparation of this Report has been mandated by the World Intellectual Property Organization to the Max Planck Institute and has been released in December 2013. Most of the information that is provided in the Report was collected in the second half of 2012 and has only partially been updated until summer 2013. This Report is authored by Professor Josef Drexl, Director of the Max Planck Institute. Many other scholars at the Institute took part in the research that led to this report. These include in particular Doreen Antony, Daria Kim and Moses Muchiri, as well as Dr Mor Bakhoum, Filipe Fischmann, Dr Kaya Köklü, Julia Molestina, Dr Sylvie Nérisson, Souheir Nadde‐Phlix, Dr Gintarė Surblytė and Dr Silke von Lewinski. The author will be happy to receive comments on the Report. These may relate to any corrections that are needed regarding the cases cited in the Report or additional cases that would be interesting and that have come up more recently. It is planned to publish the Report in a revised version in form of a book at a later stage. Comments can be sent to [email protected]. As regards agency and court decisions, the author would highly appreciate if these decisions were delivered in electronic form. Structure of this Document: Summary of the Report 2 Report 13 Annex: Questionnaire 277 1 Summary of the Report 1 Introduction (1) This text presents a summary of the Report of the Max Planck Institute for Intellectual Property and Competition Law on “Copyright, Competition and Development”. The Report itself analyses the practice of competition law jurisdictions on copyright‐related markets around the world. The preparation of the Report was mandated to the Institute by WIPO in 2012. As part of the research for this Report, the Institute conducted a survey among competition agencies based on a Questionnaire, which is annexed to the Report. The bulk of this survey was conducted between September and December 2012. The Report was drafted between January and August 2013. This summary does not repeat any of the case studies provided by the Report. Rather, it is designed to give the reader a quick overview of the major results of the Report. 2 Motivation, Objectives and Scope of the Study (2) The Report is motivated by the increasing economic importance of copyright‐ protected works, including most diverse subject‐matter of protection ranging from cultural content, media and information products to more technology‐based computer programs, including in emerging economies and developing countries. Growing populations in such countries provide a large basis of human resources for creativity and, at the same time, lead to large consumer markets. Copyright‐related activity therefore has to be recognised as an important factor of economic development around the world but also and particularly in emerging economies and developing countries. (3) The objectives of the Report are basically threefold: (i) The Report aims at making accessible a large body of competition law practice around the world as guidance for competition law enforcers in other jurisdictions. (ii) It also tries to promote general knowledge and understanding of how competition law should be applied to copyright‐related markets. (iii) The Report is also meant to provide benefits for international copyright policy. With its market‐oriented analysis, competition law can provide new insights on how markets for authorised use of copyright‐protected subject‐matter work in the practice of different jurisdictions. (4) The Report only covers markets for copyright‐protected works. Thereby, it takes into account all different markets in the distribution chain, from the creation of works to 2 the distribution of such works to consumers. This is why the Report puts a particular emphasis on media distribution. Media distribution also impacts on other rights in intangible assets such as sports rights, personality rights or trademarks. Such adjacent issues are not taken into account, although, with regard to the distribution and licensing of sports rights in particular, competition law jurisdictions have produced quite considerable case‐law in recent years. (5) The Report covers all different jurisdictions of the world. Whereas in the past comparative research mostly concentrated on US antitrust law and EU competition law, the Report puts its emphasis on the quickly increasing body of case‐law in younger competition jurisdictions of the emerging economies and developing countries. In addition, it was not possible to report on all cases that have so far been dealt with. Especially with regard to the more experienced jurisdictions this would not have been feasible and would have changed the focus of the study. This is why US and EU law are mostly referred to as the jurisdictions where specific issues have first been dealt with and solved with international impact. This is so in particular with regard to the specific sector of collective rights management. Moreover, the Report puts an additional emphasis on the smaller jurisdictions, including those within Europe and the European Union, which are often overlooked and more difficult to access. National experience in EU Member States is of increasing importance due to the decision to decentralise EU competition law enforcement with regard to restrictive agreements and abuse of market dominance as of 2004. 3 Methodology (6) The Report is based on two research methods, namely, on the abovementioned survey and on traditional legal research on case‐law, done mainly by using available Internet resources. In addition, many contact persons, most at local universities, provided additional insights by answering the Questionnaire. The agencies of more experienced competition jurisdictions, where access to decisions is not a problem, did not receive the Questionnaire. Many agencies and researchers around the world put a lot of effort and enthusiasm into preparing their answers to the Questionnaire. However, the case‐law that they mentioned was only taken as an indication of the most important cases and was – wherever possible – cross‐checked with original sources. For countries in which it was not possible to establish contacts or whose agencies even declined to cooperate, mainly for lack of time and resources, the Report had to rely on publicly available sources. Only in a very few instances did competition law jurisdictions have to be completely excluded. Some jurisdictions are mentioned more frequently than others. This does not necessarily reflect the relative amount of case‐law available in these jurisdictions. There were important practical 3 constraints, such as less developed Internet information and language barriers, that had an impact on the selection of the cases. In several instances interesting cases did not enter the Report because accessible information appeared inconsistent, for example when information in annual reports of the agencies was superficial or translated in deficient English. 4 The Survey Based on the Questionnaire (7) The Questionnaire turned out to be a useful tool for collecting information on different jurisdictions. Yet it was only after the survey was completed that a decision had to be made on the structure of the Report. The latter considerably differs from the structure of the Questionnaire in that it generally follows the logic of the traditional competition law violations. This decision was made in order to provide more guidance to law enforcers in different jurisdictions. (8) In addition to the case‐law that was identified, the survey provided a series of most useful additional insights, including the following: (i) Some of the smaller and younger jurisdictions are not aware of the importance of copyright‐related markets because they think that competition law does not apply due to exemption provisions on intellectual property they find in their competition laws. (ii) An extremely high number of competition law jurisdictions feel an urgent need to build up expertise concerning the interface of IP and competition law. This is also true in economically highly developed but smaller jurisdictions where agencies have problems finding staff knowledgeable in both fields. (iii) Some competition jurisdictions attributed the lack of practice in part to the fact that copyright law is poorly enforced in their jurisdiction. This is especially convincing in the field of collective rights management. In jurisdictions where CMOs have not yet managed to build up efficient systems of licensing and monitoring, users will not bring any complaints against CMOs. (iv) Many agencies felt a particular lack of understanding and even incompetence in the field of collective rights management and often declined to answer these questions. 5 On the Relationship between Copyright and Competition (9) The preliminary question that needs to be answered at the interface of intellectual property and competition law is whether there is a fundamental conflict between intellectual property and competition law. Many jurisdictions around the world that have exemption provisions on IP seem to be inspired by the idea that this question is to be answered in the affirmative. In contrast, the Report is based on the modern understanding according to which IP and the competition principle are not in 4 inherent conflict. Rather, both IP law and competition law are designed to promote a
Load more

Recommended publications
  • International Survey on Private Copying
    International Survey on Private Copying For more information contact WIPO at www.wipo.int Law & Practice 2 012 World Intellectual Property Organization 34, chemin des Colombettes 2012 International Survey on Private Copying – Law & Practice P.O. Box 18 CH-1211 Geneva 20 Switzerland Telephone: +4122 338 91 11 Fax: +4122 733 54 28 WIPO Publication No. 1037E ISBN 978-92-805-2271-6 International Survey on Private Copying Law & Practice 2012 Acknowledgement and thanks for front cover illustrations (Image of headphones courtesy of: www.publicdomainpictures.net/view-image.php?image=2133&picture=headphones by Anna Langova and all other images courtesy of www.copyright-free-images.com) Table of Contents EXECUTIVE SUMMARY 2 1. REVENUES PER CAPITA 12 2. TARIFFS ON BLANK CARRIERS 13 3. TARIFFS ON DEVICES (ALL THE AMOUNTS IN THIS REPORT ARE IN EUROS [€].) 14 4. AUSTRIA 15 5. BELGIUM 20 6. BULGARIA 25 7. BURKINA FASO 30 8. CANADA 33 9. CROATIA 37 10. CZECH REPUBLIC 41 11. CZECH REPUBLIC 45 12. DENMARK 48 13. FINLAND 51 14. FRANCE 56 15. GERMANY 61 16. GREECE 65 17. HUNGARY 69 18. ITALY 74 19. JAPAN 80 20. LATVIA 86 21. LITHUANIA 90 22. NETHERLANDS 97 23. NORWAY 102 24. PARAGUAY 104 25. POLAND 107 26. PORTUGAL 112 International Survey on Private Copying 27. ROMANIA 114 28. RUSSIA 118 29. SLOVAKIA 121 Law & Practice 2012 30. SLOVENIA 124 31. SPAIN 127 32. SWEDEN 132 33. SWITZERLAND 136 34. TURKEY 141 1 35. UNITED STATES OF AMERICA 144 Executive Summary 1. Introduction The present Survey represents a collection of key data on private copying compensation systems around the world.
    [Show full text]
  • Transnational Legal Responses to Illegal Trade in Human Beings
    Transnational Legal Responses to Illegal Trade in Human Beings Mohamed Y. Mattar SAIS Review, Volume 33, Number 1, Winter-Spring 2013, pp. 137-159 (Article) Published by The Johns Hopkins University Press DOI: 10.1353/sais.2013.0013 For additional information about this article http://muse.jhu.edu/journals/sais/summary/v033/33.1.mattar.html Access provided by Johns Hopkins University (11 Jul 2013 13:57 GMT) TRANSNATIONAL LEGAL RESPONSESSAIS TO IReviewLLEGAL vol. T XXXIIIRADE IN no. H 1UMAN (Winter–Spring BEINGS 2013)137 Transnational Legal Responses to Illegal Trade in Human Beings Mohamed Y. Mattar Human trafficking, whether for the purpose of sexual exploitation or forced labor or services, is a transnational crime that requires transnational responses. There are a variety of forms of cooperation that are imperative in combating the transnational crime of trafficking. This article will explore the complexity of human trafficking, examine international legal stan- dards of combatting human trafficking, and compare various methods of cooperation. This article will conclude by presenting a set of recommendations for the purpose of incorporating a transnational legal response in any comprehensive strategy to combat human trafficking. Introduction uman trafficking, whether for the purpose of sexual exploitation or Hforced labor or services, is a transnational crime1 that requires trans- national responses, including what this paper will refer to as the three EX’s: exchange of information among countries of origin, transit, and destination;
    [Show full text]
  • Enhancing the Role of Competition in the Regulation of Banks (1998)
    Enhancing the Role of Competition in Regulation of Banks 1998 The OECD Competition Committee the role of competition in the regulation of banks in February 1998. This document includes an executive summary and submissions from Australia, Austria, Canada, the Czech Republic, Denmark, the European Commission, Finland, France, Germany, Greece, Hungary, Italy, Japan, Mexico, Norway, Poland, the Slovak Republic, Spain, Sweden, Switzerland, Turkey, the United Kingdom and the United States, as well as an aide-memoire of the discussion. The banking sector is one of the most closely regulated sectors of OECD economies. A reason advanced for this close regulation is that small depositors cannot compare risks (or have no incentive to do so, because of deposit insurance), so competition would lead banks to take excessive risks. Controls on risk taking are considered essential to ensure that competition between banks promotes efficient outcomes. Public policy concerns focus on how bank failures could affect small depositors, the payments system and the stability of the financial system as a whole. The goal of promoting or preserving competition might conflict with some actions to deal with bank failures, emergency measures or state aid for failing banks or implicit state support for large banks. In most OECD countries bank regulators and competition authorities are jointly responsible for bank mergers, so interaction and coordination between them are necessary. Because of the political and economic sensitivity of the banking sector, it is perhaps not surprising that some countries apply special competition regimes to it. OECD Council Recommendation on Merger Review (2005) Mergers in Financial Services (2000) Relationship between Regulators and Competition Authorities (1998) Failing Firm Defense (1995) Unclassified DAFFE/CLP(98)16 Organisation de Coopération et de Développement Economiques OLIS : 07-Sep-1998 Organisation for Economic Co-operation and Development Dist.
    [Show full text]
  • Construction of Hong-Dae Cultural District : Cultural Place, Cultural Policy and Cultural Politics
    Universität Bielefeld Fakultät für Soziologie Construction of Hong-dae Cultural District : Cultural Place, Cultural Policy and Cultural Politics Dissertation Zur Erlangung eines Doktorgrades der Philosophie an der Fakultät für Soziologie der Universität Bielefeld Mihye Cho 1. Gutachterin: Prof. Dr. Joanna Pfaff-Czarnecka 2. Gutachter: Prof. Dr. Jörg Bergmann Bielefeld Juli 2007 ii Contents Chapter 1 Introduction 1 1.1 Research Questions 4 1.2 Theoretical and Analytical Concepts of Research 9 1.3 Research Strategies 13 1.3.1 Research Phase 13 1.3.2 Data Collection Methods 14 1.3.3 Data Analysis 19 1.4 Structure of Research 22 Chapter 2 ‘Hong-dae Culture’ and Ambiguous Meanings of ‘the Cultural’ 23 2.1 Hong-dae Scene as Hong-dae Culture 25 2.2 Top 5 Sites as Representation of Hong-dae Culture 36 2.2.1 Site 1: Dance Clubs 37 2.2.2 Site 2: Live Clubs 47 2.2.3 Site 3: Street Hawkers 52 2.2.4 Site 4: Streets of Style 57 2.2.5 Site 5: Cafés and Restaurants 61 2.2.6 Creation of Hong-dae Culture through Discourse and Performance 65 2.3 Dualistic Approach of Authorities towards Hong-dae Culture 67 2.4 Concluding Remarks 75 Chapter 3 ‘Cultural District’ as a Transitional Cultural Policy in Paradigm Shift 76 3.1 Dispute over Cultural District in Hong-dae area 77 3.2 A Paradigm Shift in Korean Cultural Policy: from Preserving Culture to 79 Creating ‘the Cultural’ 3.3 Cultural District as a Transitional Cultural Policy 88 3.3.1 Terms and Objectives of Cultural District 88 3.3.2 Problematic Issues of Cultural District 93 3.4 Concluding Remarks 96 Chapter
    [Show full text]
  • Translation, Codification, and Transplantation of Foreign Laws in Taiwan
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UW Law Digital Commons (University of Washington) Washington International Law Journal Volume 25 Number 2 4-1-2016 Translation, Codification, and rT ansplantation of Foreign Laws in Taiwan Tay-sheng Wang Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons Recommended Citation Tay-sheng Wang, Translation, Codification, and rT ansplantation of Foreign Laws in Taiwan, 25 Wash. L. Rev. 307 (2016). Available at: https://digitalcommons.law.uw.edu/wilj/vol25/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Compilation © 2016 Washington International Law Journal Association TRANSLATION, CODIFICATION, AND TRANSPLANTATION OF FOREIGN LAWS IN TAIWAN Tay-sheng Wang† Abstract: Taiwan is an excellent example for rethinking the significance of translation and codification of law in the process of transplantation of modern law in East Asian countries. Regardless of its strangeness to the general public, the translation of Western laws was always codified in Meiji Japan for the purpose of “receiving” modern law. Those Westernized Japanese legal codes also took effect in Taiwan during the later period of Japanese colonial rule, although Japanese colonialists initially applied Taiwanese customary law, created by Western legal terminology, to the Taiwanese to decrease their resistance to the new regime.
    [Show full text]
  • Satellite TV News S051 7RU Ctober 20Th and Unusual Sightings on Intelsat Certain of the PAS -3R 803 © 27°W
    FROM THE CLARKE BELT ROGER BUNNEY 35 GRAYLING MEAD FISHLAKE ROMSEY, HANTS Satellite TV News S051 7RU ctober 20th and unusual sightings on Intelsat certain of the PAS -3R 803 © 27°W. Checking across the 1830 sighting from the Otransponders atI 1.590GHz horizontal Capsis Beach Hotel at NTSC standard picttires from an aircraft, hills, then I 2.735GHz horizontal close-ups of military installations, a tank and an November 3rd though it airfield. The 1800 hours sightings continued without looked rather warmer any audio and ceased transmission with a `Globecast than Romsey in NY' and the pictureS then cut. The following day late November! Orion is afternoon and up appeared pictures though this time often carrying NTSC of an unusual aircraft, prop to rear taxiing along a feeds in NTSC for MBC The unmanned surveillance aircraft Live TV surveillance images from the runway in the desert in the rising sun. Lifting off and back into the UK from seen on tests via 27°W aircraft. yet more airborne pictures - as before the camera around 1730, another in featured sighting lines and other inlaid data. A clear analogue - OK if subsequent discussion with a learned source revealed you speak Arabic...the that this was an unatanned surveillance aircraft world hasn't gone totally undergoing tests prior to use across former digital! James Yugoslavia. The then present, manned, air surveillance Broughton (Yateley) aircraft were being spotted with missile laser sighting modified his Horizon to and these are being Withdrawn. To whom these Horizon motor mount pictures were intended isn't known and unusually on his dish with an they were carried inI the clear, analogue! additional 150mm New reader GaiTy Crawford (Kennoway, Fife) actuator drive on top has a second-hand 1H dish and I dB noise LNB which lets him hinge the During the UK Thrust SSC land RTP Lisbon and a news feed via Eutelsat feeding a Pace receiver.
    [Show full text]
  • Civil Mediation in Taiwan: Legal Culture and the Process of Legal Modernization
    Civil Mediation in Taiwan: Legal Culture and the Process of Legal Modernization Yun-Hsien Diana Lin* The process of legal modernization in Taiwan began in 1895, when the Japanese colonial government first imposed westernized modern law on Taiwan. Before 1895, the code of imperial Ch’ing—deeply influenced by the Confucian legal culture which emphasized social harmony and was opposed to lawsuits—had been the state law for more than two centuries. A second major transition started in the 1920s, during which Taiwanese people gradually became accustomed to accessing modern courts for their civil disputes, and the number of civil lawsuits eventually surpassed that of cases under mediation. The positive attitude toward civil litigation continued after the Nationalist government retreated to Taiwan in 1949. As a historical coincidence, the Nationalists also applied German- and Japanese-style legal codes in Taiwan, including double tracks of town mediation and family court mediation. Besides addressing this “law- versus-custom” dichotomy, the following article concerns itself mainly with the continuing and ever-evolving process of dialectic and mutual resistance between the different legal orders. * Yun-Hsien Diana Lin is an Associate Professor at the Institute of Law for Science and Technology, National Tsing Hua University, Taiwan. The author received her J.S.D. and LL.M. degrees from the University of California, Berkeley, and a B.A. from National Taiwan University. This research was supported by the governmental grants of National Science Council, R.O.C. (No. 98-2410-H-007-041). An earlier version of this paper was presented at the 2010 Inaugural East Asian Law and Society Conference at Hong Kong University and the 2009 World Congress of Philosophy of Law and Social Philosophy in Beijing, China.
    [Show full text]
  • Rethinking Private Copyinc in the Digital Age: an Analysis of the Canadian Approach to Music
    RETHINKING PRIVATE COPYINC IN THE DIGITAL AGE: AN ANALYSIS OF THE CANADIAN APPROACH TO MUSIC BY John Davidson A thesis submitted in conformity with the requirements for the degree of Master of Laws Graduate Department of the Faculty of Law University of Toronto O By John Davidson 2001 National Library Bibliothèque nationale du Canada Acquisitions and Acquisitions et Bibliogmphic Services services bibliographiques 395 Wellington Street 395. rue Wellington mwa ON K1A ON4 OtlawaON K1AW canada Canada The author has granted a non- L'auteur a accordé une licence non exclusive licence allouwing the exclusive permettant à la National Library of Cana&. to Biblothèque nationale du Canada de reproduce, loan, distribute 9r seil reproduire, prêter, distribuer ou copies of diis thesis in microform, vendre des copies de cette îhèse sous paper or electronic formats. la forme de microfiche/fïlm, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts fkom it Ni la thése ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. autorisation. RETHINKING PRIVATE COPYING IN THE DIGITAL AGE: AN ANALYSIS OF THE CANADIAN APPROACH TO MUSIC John Davidson B.Comm. (U. Syd.), LL.B. (Hons.) (U. Syd.) Admitted to Practice Law in New South Wales, Australia Master of Laws Faculty of Law University of Toronto 200 1 ABSTRACT Digital technotogy and the Internet in particular have fundamentally altered the dynamics of private copying.
    [Show full text]
  • VIII EUROSAI Congress Theme II the Audit of the Independent Regulatory
    VIII EUROSAI Congress Theme II The audit of the Independent Regulatory Agencies by SAIs Discussion Paper REGULATORS AND THEIR ROLE IN REGULATED SECTORS 1. As governments divest themselves of businesses providing goods and services for their peoples, independent regulators grow in importance as institutions which can control monopolistic or dominant sectors and those important for national economic security. The input provided by SAIs points out to the significance of regulators not only to the regulated sectors, but also to the national economy as a whole. SAIs' answers confirm that regulators exist in all the countries. 2. Three primary groups have been identified across regulated sectors: general competition, financial and infrastructure. a. General competition – regulation of competition, consumer protection, and general trade. b. Financial – central banks, financial supervision authorities, securities market authorities, insurance supervision authorities, stock exchange commissions, pension fund supervisory authorities. c. Infrastructure: i. Energy: (gas, electricity, heating, water, oil, other fuels regulators, power plant regulators, mining and petrol pumping regulators, energy industries regulators, energy and water regulators, nuclear security regulators). ii. Transport (infrastructure and services) (train, bus, ferry service regulators, railway, airport, port and road infrastructure regulators) iii. Communications (post, electronic communication, telecom regulators). Regulators for general-competition sectors were established in 12 countries, for financial sectors – in 20 countries, for energy sectors – in 19 countries, for transport sectors – in 11 countries, for communications sectors – in 15 countries. 3. The number of the regulated sectors is not equivalent to the number of regulators, as in some cases one regulator deals with more than one sector (e.g. Germany –– Federal Network Agency regulates three sectors: energy, communication, transport), whereas in others one sector is regulated by more than one authority (e.g.
    [Show full text]
  • 3.4. the Japan Fair Trade Commission 22 3.5
    INTERNATIONAL COMPETITION NETWORK Advocacy Working Group Report prepared by the subgroup n°3 : case studies Mérida, Mexcio June 2003 1. PREFACE The mandate of the Subgroup on Advocacy in Specific Sectors of the Advocacy Working Group of the ICN, as established at its first Annual Conference in Naples last year, was to undertake studies about advocacy efforts in specific regulated sectors in member countries with a focus on the principles involved, advocacy techniques employed, the role of the competition agency in those sectors, the interface between competition authorities and regulatory bodies, and the successes and failures of the advocacy efforts. It was suggested that the subgroup would invite ICN members to share their experiences in this field by submitting brief contributions on the sectors to be selected. In order to maintain the work within manageable proportions, it was decided at an early stage to limit the scope of the efforts of the subgroup to the following four sectors: (i) telecommunications, (ii) energy, (iii) airline industry and (iv) legal professions. Early this year the agency that chaired the subgroup (France) sent out an invitation to members asking them to contribute on each of these sectors with a small paper setting out their experiences. Responses were received from eleven countries, some provided responses covering all four sectors while others responded to only some of them. The total number of contributions was 24. The purpose of this report is to present the results of the exercise. Apart from this introduction it comprises a list of documents, a table classifying the contributions by sector and country and four sectoral chapters.
    [Show full text]
  • Private Copying and Fair Compensation: an Empirical Study of Copyright Levies in Europe
    Private Copying and Fair Compensation: An empirical study of copyright levies in Europe Martin Kretschmer Centre for Intellectual Property Policy & Management www.cippm.org.uk Bournemouth University [email protected] WIPO, 15 February 2012 EC levy definition (2006) A private copying levy is a form of indirect remuneration for right holders, based on the premise that some acts of private copying cannot be licensed for practical purposes by the relevant right holders. A copyright levy is typically attached to certain products (equipment or blank media) that can serve to reproduce audio, audio-visual and textual material such as music, films or books. Policy context ESRC Fellowship at UK IPO (2010/11) – UK: What position on EU wide regulation? – UK: Can a private copying exception be introduced without providing compensation? Limitations and exceptions – Are exceptions just a response to market failure? – What activities should be possible without permission? – If without permission, requirement to pay? Empirical approach: If we don’t know how a “regulated” market works, we can’t intervene. Levy history in the EU – 1965: Germany UrhG §53 – 2001: Info Soc Directive (“fair compensation”) – 2006: EC recommendation (almost) – October 2010: ECJ Padawan (“uniform interpretation”, “calculation based on harm”) – May 2011: EC announces “comprehensive legislative action” regarding private copying levies (+ “mediator”) – August 2011: UK commitment to introduce private copying exception without compensation (“Hargreaves”) – [Norway], Finland,
    [Show full text]
  • The Future of Licensing Music Online: the Role of Collective Rights Organizations and the Effect of Territoriality, 25 J
    The John Marshall Journal of Information Technology & Privacy Law Volume 25 Issue 3 Journal of Computer & Information Law Article 1 - Summer 2008 Summer 2008 The Future of Licensing Music Online: The Role of Collective Rights Organizations and the Effect of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008) Neil Conley Follow this and additional works at: https://repository.law.uic.edu/jitpl Part of the Computer Law Commons, Entertainment, Arts, and Sports Law Commons, Internet Law Commons, and the Science and Technology Law Commons Recommended Citation Neil Conley, The Future of Licensing Music Online: The Role of Collective Rights Organizations and the Effect of Territoriality, 25 J. Marshall J. Computer & Info. L. 409 (2008) https://repository.law.uic.edu/jitpl/vol25/iss3/1 This Article is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in The John Marshall Journal of Information Technology & Privacy Law by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. ARTICLES THE FUTURE OF LICENSING MUSIC ONLINE: THE ROLE OF COLLECTIVE RIGHTS ORGANIZATIONS AND THE EFFECT OF TERRITORIALITY NEIL CONLEYt I. INTRODUCTION The right to control the performance of a creative work' represents for most songwriters and music publishers ("rights holders")2 their great- est source of income.3 However, the current licensing regime practiced t The author will receive his LL.M. in intellectual property law at the George Wash- ington University Law School in August of 2008. I would like to thank Ralph Oman, my professor, for his guidance, suggestions, and edits.
    [Show full text]