Collective Management in the European Union

COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS, SECOND EDITION, pp. 135-167, Daniel Gervias, ed., Kluwer Law International, 2010

Amsterdam Law School Research Paper No. 2012-08

Institute for Information Law Research Paper No. 2012-08

39 Pages Posted: 13 Jan 2012

See all articles by Lucie Guibault

Lucie Guibault

Schulich School of Law

Stef van Gompel

University of Amsterdam - Institute for Information Law (IViR)

Multiple version iconThere are 2 versions of this paper

Date Written: January 12, 2012

Abstract

This chapter examines efforts to regulate the collective management of copyright at the European level. It is divided in three main parts. First, the chapter describes the current state of the law concerning collective rights management organizations (CMOs) in Europe, as pronounced over the past few decades in decisions of the European Court of Justice and the European Commission in competition matters. Second, the chapter discusses the recent efforts deployed by the European lawmakers toward the establishment of a legal framework governing the activities of CMOs in Europe, and more specifically the multi-territorial licensing of online music services. The third part analyses the actual and potential impact on the market for the cross-border collective management of legitimate online music services of the most recent measures adopted by the European bodies. The chapter critically concludes on the overall state of the law in Europe pertaining to CMOs.

JEL Classification: K19

Suggested Citation

Guibault, L. and Gompel, Stef van, Collective Management in the European Union (January 12, 2012). COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS, SECOND EDITION, pp. 135-167, Daniel Gervias, ed., Kluwer Law International, 2010; Amsterdam Law School Research Paper No. 2012-08; Institute for Information Law Research Paper No. 2012-08. Available at SSRN: https://ssrn.com/abstract=1984015

L. Guibault (Contact Author)

Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Stef van Gompel

University of Amsterdam - Institute for Information Law (IViR)

Kloveniersburgwal 48
Amsterdam, 1012 CX
Netherlands

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