COMMISSION OBJECTS TO COLLECTING SOCIETIES


A Europa press release reports that the European Commission has sent a statement of objections to CISAC (the International Confederation of Societies of Authors and Composers) and the individual national collecting societies in the EEA that are members of CISAC. A statement of objections is a formal step in EU antitrust proceedings, which triggers a two-month period in which the recipient can defend itself in writing or request an oral hearing before the Commission.


The Commission feels that CISAC and the collecting societies may be in breach of Art.81 of the EC Treaty, which outlaws anticompetitive agreements. In particular, the Commission alleged that provisions of the CISAC model contract, and the contracts implemented at national level by its members may be in breach when in comes to internet, satellite transmission and cable retransmission of music. Three key problems are identified:
1. authors can only transfer their rights to the collecting society in their home country, and not to the societies in other Member States;

2. those seeking a licence must do so only from the collecting society in the state in which they are based, and even then, the licence will only cover that jurisdictions;

3. the risk of “network effects” i.e. a web of anticompetitive contracts that self-perpetuates, and makes is impossible for new collecting societies to enter the market.
The IPKat wonders if perhaps there is a conflict between objection 1 and objection 2. He has trouble envisaging a situation in which interests of authors and the interests would-be licensees would converge when it comes to the issue of determining and collecting royalties.
COMMISSION OBJECTS TO COLLECTING SOCIETIES COMMISSION OBJECTS TO COLLECTING SOCIETIES Reviewed by Unknown on Tuesday, February 07, 2006 Rating: 5

No comments:

All comments must be moderated by a member of the IPKat team before they appear on the blog. Comments will not be allowed if the contravene the IPKat policy that readers' comments should not be obscene or defamatory; they should not consist of ad hominem attacks on members of the blog team or other comment-posters and they should make a constructive contribution to the discussion of the post on which they purport to comment.

It is also the IPKat policy that comments should not be made completely anonymously, and users should use a consistent name or pseudonym (which should not itself be defamatory or obscene, or that of another real person), either in the "identity" field, or at the beginning of the comment. Current practice is to, however, allow a limited number of comments that contravene this policy, provided that the comment has a high degree of relevance and the comment chain does not become too difficult to follow.

Learn more here: http://ipkitten.blogspot.com/p/want-to-complain.html

Powered by Blogger.