Journal of Intellectual Property Law & Practice Advance Access published online on July 2, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp094
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© The Author (2009). Published by Oxford University Press. All rights reserved.
The reform of Article 82 and the operation of competition principles upon the normal trading functions of copyright collecting societies
This article will offer some perspectives on an area of copyright law that seems to have been neglected whenever the narrative surrounds EC Competition law or IP rights in Europe—that area is copyright collecting societies (CCS). The article first discuss CCS in the context for the reform of Article 82 and the operation of competition norms upon the normal trading functions of copyright collecting societies and addresses the problems associated with such trading functions. The article also discusses the Kanal 5 case, a recent ruling by the ECJ. The article is not an exhaustive overview of the subject area, since the area of copyright collecting societies is too broad to be covered in its entirety within the ambits of this article; however, the intention is, the arguments raised herein will stimulate further interest.
Correspondence: * LLM, Helsinki; MSc, Intellectual Property Law, Hanken School of Economics and postgraduate student, University of Helsinki; the idea of this paper was suggested by Christopher Stothers, who also provided extensive comments and suggestions. I am also grateful to Rune Stenbacka for comments on earlier papers. This article is a redacted version of an earlier unpublished paper. All errors, substantive or other, are the sole responsibility of the author. Email: sean.morris{at}helsinki.fi