The ECJ Advocate General Trstenjak delivers opinion on remuneration model applied by a Swedish copyright collecting society (Kanal 5 and TV 4)

On 11 September 2008, Advocate General Trstenjak delivered her opinion on four questions referred to the ECJ by the Swedish Market Court. The questions arose in a dispute between two commercial TV channels, TV 4 and Kanal 5 (the “TV channels”) and the Swedish copyright collecting society Stim. The TV channels filed an action against Stim claiming that it had abused its dominant position through a remuneration model imposed on them to calculate the use of copyright protected music. The remuneration model used by Stim is based on a so-called main tariff, which is a percentage of the TV-channels’ revenues set on the basis of how much copyright protected music the TV-channels have broadcasted over the year. The TV channels claimed that Stim had abused its dominant position by using the above

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Authors

  • Van Bael & Bellis (Brussels)
  • Practising Law Institute (New York)

Quotation

Tim Kasten, Sean Gerlich, The ECJ Advocate General Trstenjak delivers opinion on remuneration model applied by a Swedish copyright collecting society (Kanal 5 and TV 4), 11 September 2008, e-Competitions Bulletin September 2008, Art. N° 44676

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