Commentary

156 Monopolistic nature of copyright

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

156 Monopolistic nature of copyright

| Commentary

L: FREE MOVEMENT, COMPETITION AND EC LAW

156 Monopolistic nature of copyright

Copyright, by its very nature, is monopolistic, in that it confers on the owner of copyright the exclusive right in relation to a work to do the various acts restricted by the copyright in that work1.

There are two parts of the Treaty on the Functioning of the EU (‘TFEU’) that have a particular bearing on copyright (and on other intellectual property rights)2:

  1. 1563.1

        Articles 34, 35 and 363: these relate to free movement of goods within the European Community and in

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