NDLI: Comments of the Max Planck Institute for Intellectual Property and Competition Law on the Proposal for a Directive of the European Parliament and of the Council on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Uses in the Internal Market COM (2012)372

Please wait, while we are loading the content...

Comments of the Max Planck Institute for Intellectual Property and Competition Law on the Proposal for a Directive of the European Parliament and of the Council on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Uses in the Internal Market COM (2012)372

"Pallet Container II” (Palettenbehälter II) : Patent Act, Sec. 9 second sentence, No. 1

“Bolar Exemption (Solifenacin) – Germany” : Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code Relating to Medicinal Products for Human Use, Art. 10(6); Patent Act, Sec. 11(2) and (2)(b)

“Car-Mounted Navigation System” : Patent Act, Sec. 70 – Pioneer Co. Ltd. v. Navitime

“Antibacterial Composition” : Patent Act, Sec. 36(6)(i) – Well-Being Biochemical Co., Ltd. v. The Commissioner of the Patent Office

‘‘Disclosure in Prior Art Document’’

“Bolar Exemption – Poland” : Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code Relating to Medicinal Products for Human Use, Art. 10(6); Law on Industrial Property, Arts. 61(1)(4), 63(1)

“The Parental Lines Case” : Union for the Protection of New Varieties of Plants (UPOV) Act of 1991, Arts. 6, 14(2); European Council Regulations on Community Plant Variety Rights, Art. 10(2); Protection of Plant Varieties and Farmers’ Rights Act (2001), Secs. 2(j), (r) and (za), 15(3)(a) and (d) – In the matter of Maharashtra Hybrid Seed Co. and Ors

“Google/Keyword Suggestions” : Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, Sec. 15; Intellectual Property Code, Secs. L.335-4, L.336-2; Act of 21 June 2004 for Confidence in the Digital Economy, Secs. 6.I.2, 6.I.5, 6.I.7 – SNEP v. Google France

“Google/Monitoring Obligation” : Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, Sec. 15; Intellectual Property Code, Secs. L.335-4, L.336-2; French Act of 21 June 2004 for Confidence in the Digital Economy, Secs. 6.I.2, 6.I.5, 6.I.7 – Google France & Inc. v. Bac Films and Google France & Inc. v. André Rau

Joanna Kulesza: International Internet Law. Routledge. Oxon New York, 2012. Pp. XXVII + 193. ISBN 978-0-415-67468-3. $135.00

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 2, March 2013

IIC - International Review of Intellectual Property and Competition Law : Volume 44, Issue 1, February 2013

Comments of the Max Planck Institute for Intellectual Property and Competition Law on the Proposal for a Directive of the European Parliament and of the Council on Collective Management of Copyright and Related Rights and Multi-Territorial Licensing of Rights in Musical Works for Online Uses in the Internal Market COM (2012)372

Content Provider	Springer Nature Link
Author	Hilty, Reto M. Drexl, Josef Nérisson, Sylvie Trumpke, Felix
Copyright Year	2013
Abstract	The Max Planck Institute welcomes the initiative of the European Commission for a binding legal instrument on collective management of copyright and related rights in the EU. Numerous provisions are to be appreciated. Yet the Commission seems to fail to take account of the full legal framework and factual circumstances that have structured the current system of collective rights management. Disposing of natural monopolies in a two-sided market, collecting societies should not refuse to grant access to their services to rightholders and users. Hence, it is strongly recommended that the European legislature follows the experience of numerous Members States and proposes an obligation to contract with rightholders as well as with users. The critique on the Commission’s approach to cross-border licences for online rights on musical works as set forth in the Recommendation of 2005 has unfortunately not been duly considered and the Commission’s assessment of the practical effects of the Recommendation is mistaken. Differences of substantive copyright law among Member States still constitute an obstacle to the establishment of an internal market for works. This is why the Institute deems the Commission’s sectorial approach to the regulation of cross-border licensing to be problematic. Also such regulation would require further harmonisation of substantive copyright law. Moreover, the Proposal fails to take account of statutory remuneration rights and cases of mandatory collective management. Both pursue specific protection of original rightholders. In this regard the Proposal’s refusal to distinguish between different categories of rightholders raises concerns. Since collecting societies manage copyrights and related rights arising from national law, and considering the benefits of an authorisation system, which can be found in several Member States, the Institute advises the European legislature to clearly state that the intellectual property exception of Art. 17(11) of the Service Directive applies to collecting societies. The Proposal endangers the balance both between different categories of rightholders and between rightholders and users that the established system of collective management of copyright in Europe traditionally seeks to achieve. It thereby compromises the laudable goal to foster the establishment of an internal market for online uses of works across Europe.
Starting Page	322
Ending Page	350
Page Count	29
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	44
Issue Number	3
e-ISSN	21950237
Language	English
Publisher	Springer-Verlag
Publisher Date	2013-04-04
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Copyright Cross-border licences Natural monopolies Collective rights management International IT and Media Law, Intellectual Property Law Collecting societies Multi-territorial licensing
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Competition and Intellectual Property Protection in the Market for the Provision of Multi-Territorial Licensing of Online Rights in Musical Works – Lights and Shadows of the New European Directive 2014/26/EU

Implementation of Directive 2014/26/EU on Collective Management and Multi-Territorial Licensing of Musical Rights in Regulating the Tariff-Setting Systems in Central and Eastern Europe

Collective Rights and Digital Content: The Legal Framework for Competition, Transparency and Multi-territorial Licensing of the New European Directive on Collective Rights Management

Directive 2014/26/eu on Collective Management of Copyright and Related Rights and Multi-territorial Licensing of Rights in Musical Works for Online Use in the Internal Market

Proposal for a Directive on Collective Rights Management and (Some) Multi-Territorial Licensing

13 Copyright, Human Rights, and the Social Function of Property in Brazil

Collective Management of Rights in Musical Works and Sound Recordings: A Critique of the Copyright Society of Nigeria

Creation of Software Within the Academic Context: Knowledge Transfer, Intellectual Property Rights and Licences

Transplantation of an Extended Collective Licensing System – Lessons from Denmark

Similar Documents

Competition and Intellectual Property Protection in the Market for the Provision of Multi-Territorial Licensing of Online Rights in Musical Works – Lights and Shadows of the New European Directive 2014/26/EU

Implementation of Directive 2014/26/EU on Collective Management and Multi-Territorial Licensing of Musical Rights in Regulating the Tariff-Setting Systems in Central and Eastern Europe

Collective Rights and Digital Content: The Legal Framework for Competition, Transparency and Multi-territorial Licensing of the New European Directive on Collective Rights Management

Directive 2014/26/eu on Collective Management of Copyright and Related Rights and Multi-territorial Licensing of Rights in Musical Works for Online Use in the Internal Market

Proposal for a Directive on Collective Rights Management and (Some) Multi-Territorial Licensing

13 Copyright, Human Rights, and the Social Function of Property in Brazil

Collective Management of Rights in Musical Works and Sound Recordings: A Critique of the Copyright Society of Nigeria

Creation of Software Within the Academic Context: Knowledge Transfer, Intellectual Property Rights and Licences

Transplantation of an Extended Collective Licensing System – Lessons from Denmark