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Immaterialgüter- und Wettbewerbsrecht

Boundaries of Control over Authorised Communication of a Work: Copyright’s Exclusivity Colliding with Consumer Rights, Innovation and Competition

The project explores the boundaries of copyright in secondary markets towards the adoption of the EU Digital Content Directive. Namely, it examines the potential anticompetitive effect of the obligations placed on traders of digital content under the Digital Content Directive, given the broad scope of copyright and the functioning of platform economy.

Last Update: 04.02.21

The research project explores the boundaries of the exclusive rights under copyright in respect of a secondary market in the context of the adoption of the EU Digital Content Directive 2019/770 and competition policy in the internal market. The EU Digital Content Directive is set out to facilitate the cross-border distribution of digital content and ensure a high level of consumer protection by harmonising certain aspects concerning the contracts for the supply of digital content. The Directive grants consumers remedies against traders when the digital content does not correspond to objective or subjective criteria for conformity. The project explores the potential implications of the provision for competition on the market, given the broad scope of rights under copyright and the functioning of the platform economy in digital content distribution. It is discussed whether the efforts to safeguard the reasonable consumer expectations could be undermined by the Directive leaving the arrangements between traders and intellectual property rights holders out of scope as well as whether the named provision potentially reinforces the network effects and dominant position of the established players on the market.

Persons

Project Manager

Liliia Oprysk

Supervisor

Dr. Heiko Richter, LL.M. (Columbia)

Research Axes

II. Ausgestaltung von Immaterialgüter- und Wettbewerbsrecht

Main Areas of Research

II.2 Inhaltsbezogene Märkte