The Proposed Directive on Multi-Territorial Licensing for Online Music – Is Competition a Good Idea?

Forthcoming: Revista de Concorrência e Regulação, nº16, pp. 29-52

30 Pages Posted: 7 Feb 2014 Last revised: 28 Nov 2014

See all articles by Nuno Sousa e Silva

Nuno Sousa e Silva

Portuguese Catholic University - Porto, Law School

Date Written: May 1, 2013

Abstract

Traditionally, collecting societies worked on a territorial basis, granting single repertoire and territorially restricted licences. Their activities had been, to a considerable extent, subject to competition law based intervention. Internet has challenged territoriality and, at the same time, created new forms of exploitation of works. On that basis, the former justification for territoriality was put into question by some commentators and the Commission itself. Building on former initiatives and case law, the Commission has on July 2012 presented a proposal for a Directive which, among other things, addresses this problem, establishing a scheme for multi-territorial licensing for online music. This paper briefly evaluates the Proposal in that regard, concluding that it should be abandoned.

Keywords: copyright, Competition Law, Collective Rights Management, Multi-territorial Licensing, Collecting Societies,reciprocal representation agreements; musical works, online services, exclusive rights

JEL Classification: O34, K11, K19, K21, L41, L43

Suggested Citation

Sousa e Silva, Nuno, The Proposed Directive on Multi-Territorial Licensing for Online Music – Is Competition a Good Idea? (May 1, 2013). Forthcoming: Revista de Concorrência e Regulação, nº16, pp. 29-52, Available at SSRN: https://ssrn.com/abstract=2375886 or http://dx.doi.org/10.2139/ssrn.2375886

Nuno Sousa e Silva (Contact Author)

Portuguese Catholic University - Porto, Law School ( email )

Rua Diogo de Botelho, 1327
Porto, 4169-005
Portugal

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