The European Court of Justice gives favourable ruling on collective copyright remuneration model (Kanal 5 and TV 4)

On 11 December 2008, the ECJ handed down a judgment in which it responded to four questions referred to it by the Swedish Market Court. The questions arose in a dispute between the Swedish copyright collecting society STIM and two commercial TV channels, TV 4 and Kanal 5 (the “TV channels”). The TV channels filed an action against STIM claiming that it had abused its dominant position through the tariffs charged by STIM for the TV channels’ use of copyrighted 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 the amount of copyright-protected music the TV-channels broadcast. The TV channels claimed that the remuneration model was an abuse of

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Authors

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

Quotation

Tim Kasten, Sean Gerlich, The European Court of Justice gives favourable ruling on collective copyright remuneration model (Kanal 5 and TV 4), 11 December 2008, e-Competitions Bulletin Preliminary ruling (Art. 267 TFEU), Art. N° 44430

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