Collective Management of Copyright: Solution or Sacrifice?: Competition and the Collective Management of Copyright
In: The Columbia Journal of Law & the Arts, Jg. 34 (2011-07-01), S. 645
Online
academicJournal
Discussions of the collective management of copyright tend to celebrate their subject. Much of the work collected in this volume focuses upon the significant economic value created by collective management organizations ("CMOs"), as well as the practical difficulties presented by any realistic effort to unlock that value. I have been assigned a different role to play. My task is to explain one downside of CMOs, namely the risk they pose to competition, and hence the limitations that antitrust law places upon their activities. These limits are familiar to many symposium participants. After all, two of the leading CMOs in the United States, ASCAP and BMI, have operated under an antitrust consent decree for the past sixty years. 1 My focus is the United States experience with CMOs, and in particular, with performing rights organizations such as ASCAP, copyright collectives such as the Copyright Clearance Center ("CCC") and the proposed book registry to be created as part of the Google Books settlement. My remarks draw on earlier work by other scholars, such as Einer Elhauge, James Grimmelman, Glynn Lunney, Randy Picker and Pamela Samuelson, and the excellent book about CMOs edited by Daniel Gervais, as well as on my own previous writing about the antitrust issues raised by the Google Books settlement. 2 CMOs raise two distinct antitrust issues. First, the decision to collectively price or bundle products raises concerns about horizontal price fixing among rights holders. Second, the structure and operation of a CMO may limit the ...
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Collective Management of Copyright: Solution or Sacrifice?: Competition and the Collective Management of Copyright
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Autor/in / Beteiligte Person: | Hemphill, C. Scott |
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Zeitschrift: | The Columbia Journal of Law & the Arts, Jg. 34 (2011-07-01), S. 645 |
Veröffentlichung: | 2011 |
Medientyp: | academicJournal |
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