- Volume 1 (2017), Issue 4
- Vol. 1 (2017), No. 4
- >
- Pages 306 - 319
- pp. 306 - 319
How to Assess the Exploitative Practices of Collecting Societies?
Taking Inspiration from FRAND Terms
Intellectual property rights enable their holders to create a dominant position on a relevant market which shall not be abused. Collecting societies are copyright management organisations established to protect the copyrights of their members. When collecting societies have a dominant position, they have to avoid any exploitative practice and, subsequently, they cannot demand excessive royalties from users of copyright works. However, are possible exploitative practices worth prosecuting? And if so, how to establish if royalties are excessive? This article claims that the common approaches to excessive pricing are not always suitable for collecting societies. The judgments of the Court of Justice of the European Union do not sufficiently solve the situation, even though certain clarification was presented in the recent case C-177/16