Like Running Water? – The Interplay between Antitrust and Online Music Licensing
Revista de Concorrência e Regulação, Ano III, n.º 9, Janeiro-Março 2012/Competition and Regulation Review, Year III, Nr. 9, January-March 2012
28 Pages Posted: 23 Feb 2013
Date Written: 2011
Abstract
The past approach of EU competition law to collecting societies in the offline environment allowed the creation of a closed network of national territory-based monopolies. However, the Internet and digital technology absolutely changed the paradigm for music dissemination and use. The loss of territoriality – one of the most significant features of copyright and one of the tectonic faults in the interaction with competition law – has apparently abolished the rationale for collecting societies not to engage in cross-border competition. This article considers the interplay between antitrust and online collective copyright management, discussing the role of EU competition law in anticipation of the Commission’s CISAC decision review by the General Court.
SUMMARY: 1. Online music and collective copyright management. 2. The rights managed and the role of collecting societies. 2.1. Rights. 2.2. Role: “special” undertakings? 3. Collecting societies in the transition to the online environment. 3.1. The offline environment. 3.2. The online environment. 4. CISAC and online music licensing under article 101. 5. Antitrust and online music licensing after CISAC. 5.1. Soft-handed approach by the Commission in CISAC. 5.2. Competition law enforcement vs legislative intervention. 6. Conclusion: What role to competition law?
Keywords: Copyright, CISAC, competition, antitrust, competition law, monopoly, collecting societies, collective copyright management, online music licensing, online music, music licensing
JEL Classification: K21, O34
Suggested Citation: Suggested Citation