Gestion collective des droits d’auteur et droit de la concurrence: Pour une relecture à l’heure d’Internet

Yvan Diringer

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to for review in this section.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article.

The relationship between collective management of copyright and competition law is based on a fragile balance. Can the irruption of the Internet call it into question?

Competition law avoids a head-on collision. Rather than analyzing the collective exercise of copyrights as the result or the means of an anti-competitive agreement between right holders, case law qualifies collecting societies as enterprises. It considers them as autonomous operators whose activity is crucial for the proper functioning of the copyright market. If the implementation of this applicability criterion neutralizes the specificities of collective management, it also consecrates its economic legitimacy. By putting the effectiveness of copyright to the test, the Internet seems to confirm the validity of this analysis.

Based on the centralization and concentration of means, collective management tends to bring together a maximum number of right holders in order to offer access to a complete repertoire of works. Such a gathering inevitably gives national societies a market power which in fact translates into a monopoly. Faced with this situation, Community competition policy is hesitant. For a long time, it was geared to supervising national monopolies, but it has changed radically with the development of the Internet and the needs it creates. It now pursues, in a random manner, the objective of creating competition on the collective management markets, threatening the effectiveness of the existing model.



Yvan Diringer, Gestion collective des droits d’auteur et droit de la concurrence: Pour une relecture à l’heure d’Internet, December 2011, Concurrences N° 4-2011, Art. N° 109890

Publisher Presses Universitaires d'Aix-Marseille

Date 1 September 2011

Number of pages 874

ISBN 9782731407716

Visites 47

All reviews