与著作权有关的价格垄断

Price Monopoly Related to Copyright

美国、日本和欧洲都曾经发生过与著作权有关的价格垄断案例,主要涉及五方面问题:美国批量预定电影过程中的横向价格限制,一般都判决违法;著作权集体管理过程中的横向价格限制,经历了由否定到容忍的过程;与著作权有关的纵向价格限制,一般都判决违法;畸高的著作权使用费和与著作权有关的低价倾销,一般不予认定;与著作权有关的价格歧视,较难认定并且存在例外的豁免。梳理、总结各国法院的判决规律及其背后理由,可以为我国未来的知识产权反垄断规制提供借鉴。

There were cases about price monopoly related to copyright in United States, Japan and European Community. These cases involved five aspects. Horizontal price restrictions in batch reserving of films in United States were usually judged to be illegal. Horizontal price restrictions in copyright collective stewardship have undergone the process of being negated to being tolerated. Longitudinal price restrictions related to copyright were usually judged to be illegal. The excessively high copyright royalty and price dumping about copyright were rare. Price discriminations related to copyright were also rare and they were remitted in some exceptions. To summarize regular pattern in verdicts of court of various countries and their reasons by researching these cases may provides references to our future antimonopoly governing on intellectual property.