KOLEKTÍVNA SPRÁVA PRÁV VERSUS SÚŤAŽNÉ PRÁVO Z HĽADISKA NAJNOVŠÍCH LEGISLATÍVNYCH SNÁH NA ÚROVNI EURÓPSKEJ ÚNIE
Collective management of rights versus competition law in the light of the latest legislative efforts at the level of the European Union
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The contribution deals with some basic thoughts on application of the competition law on the area of collective management of copyright. In this regard it analyses latest legislative initiatives on the level of EU law, especially the Proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market – COM (2012) 372 (hereafter as “Directive”). Attention will also focus on the arguments which will be in the favour/in contrary of new Directive proposal and on potential risks, which can arise in the future. As a biggest potential risk seem to be in this matter the necessity of more intensive competition among each individual collecting society on the market. Contribution focuses on several important aspects, which need to be assessed very sensitively and which need to be taken into serious consideration in the process of approval of the new Directive proposal. Important aspect in this regard is traditional aim of existence of collecting societies connected with protection of cultural heritage and change of its perception, which the new Directive proposal brings. Subsequently the contribution deals with questions, whether the more intensive competition among collecting societies will be a positive advantage of the Directive proposal, especially with regard of improving the quality of rights´ management. At the same time the contribution focuses on new tasks for collecting societies, with which they will need to cope in the future after the final approval of the Directive proposal.
517 – 527
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