[A2k] Question on excesive pricing as abuse of copyright

John Howkins 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.
> Cheers

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