Modelli di licensing e strutture di prezzo nella disciplina speciale della gestione collettiva

This paper questions the licensing and pricing models that the collective management companies of copyright will practice with the users of the rights brokered by the same collecting societies, in light of the new regulation introduced with the EU directive n. 26/2014 (implemented in Italy with Legislative Decree 35/2019). With the introduction of the new discipline of collective management in Italy, it was decreed the abolition of the monopoly for the brokerage of copyright (referred to the previous art. 180 l.a.). The establishment of a new competitive market for collecting societies raises some questions about rights negotiation and tariff setting techniques, and in particular, about the validity of blanket licenses. To this end, it must be considered that the new special discipline of collective management does not appear clear about the functions and objectives it sets. Two possible exegetical theses have arisen in the literature: the first, according to which the new regulatory framework for collective management has the function of preventing possible mar- ket abuses operated by collecting societies; the second thesis according to which the new discipline of collective management is explained in the light of the interest to rebalancing the capitalist power of selection of the access of the copyright-works to the market. This work aims to highlight the adherence to one or the other exegetical conception leads to different pratical corollaries regarding the evaluation of negotiation models and tariff determination in general, and on the model of blanket licenses in particular