Licensing and Access to Content in the European Union: Regulation between Copyright and Competition Law

ISBN-13: 9781108468893 / Angielski / Miękka / 2022 / 305 str.

Sebastian Felix Schwemer

Opis

Copyright is territorial, but the same cannot be said of the internet, whose borderless nature has changed the way we consume copyright-protected material. Nevertheless, territorial segmentation of online content remains a reality in the 28 member states of the European Union. Licensing and access practices do not reflect this digital reality, in which end-users demand ubiquitous access to content. For this reason, the territorial nature of copyright and traditional business models based on national exploitation prevent the completion of the Digital Single Market. Sebastian Felix Schwemer provides a unique analysis of the dynamic licensing and access arrangements for audiovisual works and music and shows how they are being addressed by sector regulation and competition law in the Digital Single Market. His analysis, which includes case law of the Court of Justice, the Commission's competition proceedings, and various legislative tools, reveals the overlapping nature of legislative and non-legislative regulatory solutions.

Recenzje

'Until now it has been a great challenge to have an accurate overview of the applicable law in this area. That will be remedied by this book. It gives a very special educational, easy to read and useful overview of the area, which of course will be of great value to anyone dealing with this area practically. Also on a more theoretical level, the book is valuable because of its independent reflections and forensic analyses. There is no doubt the book will be of great value to anyone who deals with this subject at EU level.' Morten Rosenmeier, UfR Online

Spis treści

Preface; Abbreviations; Acknowledgements; List of figures and tables; Table of statutes; Table of cases; 1. Introduction; 2. Market and economics context; 3. Licensing and access from a competition law perspective; 4. Multi-territorial licensing from a legislative perspective; 5. Cross-border access from a legislative perspective; 6. The regulatory system: challenges and solutions; References; Index.