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Journal of Intellectual Property Law & Practice Advance Access originally published online on September 6, 2006
Journal of Intellectual Property Law & Practice 2006 1(12):755-756; doi:10.1093/jiplp/jpl147
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Published by Oxford University Press. All rights reserved

Current Intelligence

ECJ clarifies collecting societies' rights in relation to the cable retransmission right, but leaves questions unanswered

Estelle Derclaye
University of Nottingham

Alain Strowel
Facultés Universitaires Saint-Louis Covington & Burling, Brussels

The European Court of Justice (ECJ) has held that Article 9(2) of Directive 93/83 is to be interpreted as meaning that where a collecting society is deemed to be mandated to manage the rights of a copyright owner or holder of related rights who has not transferred the management of his rights to a collecting society that society has the power to exercise that right holder's right to grant or refuse authorization to a cable operator for cable retransmission and, consequently, its mandate is not limited to management of the pecuniary aspects of those rights.


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