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2015 Intellectual Property Forum ILST, Hsinchu, 10 June The Interplay of Copyright and Competition Law Prof. Dr. Martin Senftleben VU University Amsterdam Bird & Bird, The Hague
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Competition law impact
applicable to copyright?
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Contents Competition law arguments Application Case study
individual works whole repertoire Case study
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Arguments
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Discrimination Tying/bundling Forms of Abuse
competitive advantage for licensees, disadvantage for outsiders Tying/bundling obligation to also purchase other products/services as precondition for a license
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Constructive refusal Outright refusal Refusal to license
terms and conditions too burdensome to be acceptable Outright refusal unwillingness to grant license at all
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Access to essential facilities
exploitative abuse preventing new or improved products/ services in spite of potential demand exclusionary abuse market leveraging by extending power to other, related markets
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Application
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individual work and creative use
Essential facility? individual work and creative use
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Relevant market demand perspective supply perspective
substitutable for the creative user? focus on dominance with regard to a specific information product supply perspective reputation, production basis, circle of customers focus on dominance of an individual enterprise in a more general sense problem: freedom of contract on primary market
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to a whole repertoire from individual work
Essential facility? to a whole repertoire from individual work
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Content aggregation copyright owners distributors
big music labels broadcasting organizations news providers distributors search engines mass digitization projects new or improved products impact on secondary markets
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Case Study
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Hyperlinking basis for various products/services with added value for users content aggregators news media overviews search engine services social media inclusion in blogs inclusion in social networking sites
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Hyperlinking links to illegal sources covered?
how to determine authorization? indications on the website use of technological standards refusal to use technological standards = constructive refusal in the sense of competition law? relation with prohibition of formalities in copyright law?
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also market leveraging?
Hyperlinking also market leveraging?
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contact: m.r.f.senftleben@vu.nl
The end. Thank you! For publications, visit and search for ‘senftleben’. contact:
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