Allowing Online Content to Cross Borders: is Europe Really Paving the Way for a 'Digital Single Market'?

T. Pilhajarinne, J. Vesala and O. Honkkila, (Eds.). (2019) Non-Conventional Copyright. Cheltenham, UK: Edward Elgar Publishing. https://doi.org/10.4337/9781788119900

12 Pages Posted: 27 Nov 2023

See all articles by Giuseppe Mazziotti

Giuseppe Mazziotti

Catolica Global School of Law ; European University Institute

Date Written: 2019

Abstract

This paper analyses the function and scope of EU regulatory measures that are being adopted and implemented with a view to tackling the issue of territorial discrimination of consumers in the market for digital creative content. Firstly, the paper focuses on the notion of cross-border ‘portability’ under Regulation 2017/1128 and briefly describes what the consequences of this regulation in the markets for online content services are expected to be. Secondly, cross-border portability will be compared to the much broader notion of ‘cross-border trade’, which could have fallen within the scope of Regulation 2018/302 on geo-blocking and other forms of discrimination based on consumers’ nationality, place of residence or place of establishment. Thirdly, the paper takes into consideration the territorial anti-discrimination principle embodied in Regulation 2018/302 to point out that online content services have been expressly excluded, at least for now, from the scope of application of the regulation. As a result, the creative sector is expected to be unaffected by the 2018 Geo-blocking Regulation. Fourthly, it will be argued that copyright holders and online content exploiters might be forced or encouraged to remove certain territorial restrictions from their licensing agreements in response to antitrust investigations based on Article 101 TFEU or due to the emergence of web-based business models giving up the criterion of territoriality in determining the price and conditions of access to copyright works. In conclusion, the paper will assess the overall impact of the new EU regulations on existing obstacles to cross-border trade, clarifying whether consumers can expect significant improvements in access to creative works on the Internet.

Note: This is a draft whose final version is available in Online Distribution of Content in the EU, edited by T. Pilhajarinne, J. Vesala and O. Honkkila, published in 2019 by Edward Elgar Publishing Ltd:.https://doi.org/10.4337/9781788119900

Keywords: Creative content, copyright, territoriality, European Union, cross-border trade, regulation,

JEL Classification: K11, K22

Suggested Citation

Mazziotti, Giuseppe, Allowing Online Content to Cross Borders: is Europe Really Paving the Way for a 'Digital Single Market'? ( 2019). T. Pilhajarinne, J. Vesala and O. Honkkila, (Eds.). (2019) Non-Conventional Copyright. Cheltenham, UK: Edward Elgar Publishing. https://doi.org/10.4337/9781788119900, Available at SSRN: https://ssrn.com/abstract=4616611

Giuseppe Mazziotti (Contact Author)

Catolica Global School of Law ( email )

Palma de Cima
Lisbon, Lisbon 1649-023
Portugal

HOME PAGE: http://https://catolicalaw.fd.lisboa.ucp.pt

European University Institute ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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