The Brussels Court of Appeal holds that the national copyright management society abused its dominant position while relying on an EU Commission written opinion delivered in the assistance procedure (SABAM / Productions & Marketing)

In April 2000, Productions & Marketing requested authorisation from SABAM (Belgian Society of Authors) to use works of its catalogue for five concerts. SABAM offers a preferential tariff (50% price reduction) to companies considered as "big organisers". SABAM refused to grant Productions & Marketing this preferential tariff because it considered that it did not fulfil the criteria to benefit from the status of "big organiser", one of the conditions being to have been in the concert organisation

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • CaaStle (New York)

Quotation

Jacques Derenne, Timothy Hirsch, The Brussels Court of Appeal holds that the national copyright management society abused its dominant position while relying on an EU Commission written opinion delivered in the assistance procedure (SABAM / Productions & Marketing), 3 November 2005, e-Competitions November 2005, Art. N° 12124

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