Collective management of copyrights between competition, regulation, and monopolism : a comparison of European and U.S. approaches to collective management organizations / by Dr. Martin Miernicki.
2017
K1420.5 .M54 2017 (Mapit)
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Author
Title
Collective management of copyrights between competition, regulation, and monopolism : a comparison of European and U.S. approaches to collective management organizations / by Dr. Martin Miernicki.
Imprint
[Baden-Baden] : Nomos ; Vienna : Facultas, 2017.
Copyright
©2017.
Description
328 pages ; 23 cm.
Series
Studien zum Unternehmens- und Wirtschaftsrecht ; Band 35.
Formatted Contents Note
Introduction. Collective rights management - rationales and functions
Purpose and structure of the research
Terminological remarks
Introduction to EU and U.S. copyright law
Emergence of collective management organizations
The regulation of collective management organizations. Regulatory frameworks
Applicability of antitrust laws to CMOs
The regulation of the different relations of CMOs: right holders, users, sister organizations
Concluding remarks and observations. Orientation and focus of the regulation of collective management of copyrights in the European Union and the United States
The diverging image of CMOs: Legitimate functions and limited justifications
Regulatory models: competition, monopolies and minimum standards against the background of copyright law
Summary of the most important results.
Purpose and structure of the research
Terminological remarks
Introduction to EU and U.S. copyright law
Emergence of collective management organizations
The regulation of collective management organizations. Regulatory frameworks
Applicability of antitrust laws to CMOs
The regulation of the different relations of CMOs: right holders, users, sister organizations
Concluding remarks and observations. Orientation and focus of the regulation of collective management of copyrights in the European Union and the United States
The diverging image of CMOs: Legitimate functions and limited justifications
Regulatory models: competition, monopolies and minimum standards against the background of copyright law
Summary of the most important results.
Summary
The collective management of copyrights is a highly topical issue in the United States which is exemplified by the review of the "Consent Decrees" between 2014 and 2016 and recent "rate court" proceedings. Furthermore, the economic and technical environment for the collective management of copyrights has undergone profound changes in recent years; this implies the need for research on the corresponding legal framework, also de lege ferenda. A comparative approach was chosen in order to highlight that similar problems occur in the United States and the European Union. Those problems are, however, not always addressed in the same way.
Note
Originally presented as the on author's thesis (doctoral -- Universität Wien, 2017).
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
K1420.5 .M54 2017
Language
English
ISBN
9783708916637 (Facultas : paperback)
9783848748051 (Nomos : paperback)
3848748053 (Nomos : paperback)
3708916638
9783848748051 (Nomos : paperback)
3848748053 (Nomos : paperback)
3708916638
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