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Cross-Border Collective Management and Principle of Territoriality: Problems and Possible Solutions in the EU

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Abstract:

Cross-border collective management has recently been a highly discussed topic, in particular from the perspective of competition law. This article focuses on the less discussed issue—the problem of the territoriality principle in cross-border collective management. Territoriality of substantial copyright laws leads to the need for collecting societies to check the initial ownership, scope of rights, etc. under each national copyright law. In addition, territoriality of the collective management laws (as distinguished from substantial copyright laws) requires the societies to adhere to multiple laws differently regulating establishment, functioning, accountability, etc. of the societies. The article analyses the possible solutions to these problems.

Keywords: European Union; authors' rights; cyberspace; territorialism

Document Type: Research Article

DOI: https://doi.org/10.1111/j.1747-1796.2008.00350.x

Affiliations: Max Planck Institute for Intellectual Property, Competition and Tax Laws, Munich

Publication date: 2008-11-01

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