[A2k] Question on excesive pricing as abuse of copyright
john at johnhowkins.com
Sun Apr 17 15:28:17 PDT 2011
In the EU, such cases would be be usually treated under competition law not
copyright law but a verdict that an action was "abusive" could certainly
lead to compulsory licensing; it's been fairly common in cable
retransmissions and also in pay-TV and especially in sports rights on
pay-TV. Sorry I don't have the details.
On 18/4/11 02:34, "corporacion innovarte" <innovartecorporacion at gmail.com>
> Dear all
> To answer a question put forward by US, in a TRIPS exam for a developing
> country, do you have examples of US law or EU Law , where
> it would be possible to consider as an abuse of copyright the refusal to
> deal or excesive pricing, that might allow compulsory licensing by a judge?.
> Also resources to justify according to TRIPS such a provision, allowing a
> judge to grant compulsory licensing for publishing or translating a work
> when the rightholder refuses to grant a license or the price is too high.
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