Collective Rights Management, Competition Policy and Cultural Diversity: EU Lawmaking at a Crossroads

University of Lucerne, Switzerland, i-call Working Paper Series No. 2012/04

13 Pages Posted: 24 Oct 2012  

Christoph B. Graber

University of Zurich, Faculty of Law; Berkman Klein Center for Internet and Society, Harvard University

Multiple version iconThere are 2 versions of this paper

Date Written: October 1, 2012

Abstract

In the digital networked environment, user’s expectations of getting easy access to digital content all the time and through a multitude of devices clash with the territorial structure of copyright and the complications of the licencing process. Under these circumstances, systems of collective rights management (CRM) offering a one-stop shop for rights clearance would seem to be an attractive solution to simplify cross-border licencing and save on transaction costs. In the European Union (EU), the Commission has made many attempts over the last decade not only to make collective management organisations (CMOs) work more efficiently but also to bring them from a system of national licences granted by national monopolies to a system of EU-wide authorisations. The European Commission’s Proposal of 12 July 2012 for a directive on CRM is a confirmation of this policy. However, it is questionable whether these regulatory attempts are compatible with cultural diversity interests. This paper discusses the role of CRM in ensuring cultural diversity and how a purely competition-orientated approach can impinge on this. It does so through analysing EU case law and the Commission’s Proposal.

Keywords: copyright, collective rights management, directive, European Commission, collective management organisations, copyright licences, one-stop shop, competition law, cultural diversity

JEL Classification: K10, K11, K21, K33

Suggested Citation

Graber, Christoph B., Collective Rights Management, Competition Policy and Cultural Diversity: EU Lawmaking at a Crossroads (October 1, 2012). University of Lucerne, Switzerland, i-call Working Paper Series No. 2012/04. Available at SSRN: https://ssrn.com/abstract=2161763 or http://dx.doi.org/10.2139/ssrn.2161763

Christoph B. Graber (Contact Author)

University of Zurich, Faculty of Law ( email )

Treichlerstrasse 10
Zurich, 8032
Switzerland

HOME PAGE: http://www.rwi.uzh.ch/lehreforschung/alphabetisch/graber_en.html

Berkman Klein Center for Internet and Society, Harvard University ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

HOME PAGE: http://https://cyber.harvard.edu/people/cgraber

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