ABSTRACT
This chapter begins with an overview of the traditional role of collecting societies as territorially bound monopolies that exist for the protection of right-holders. The chapter continues by examining these justifications in greater detail, demonstrating the traditional acceptance of these monopolies on the grounds of the protections they afforded, the economies of scale and reduction of transaction costs afforded by collecting societies having territorial exclusivity, and the role of competition law as a regulator rather than a breaker of these monopolies. It also discusses the perceived role of major music publishers as members of these collecting societies, and the potentially negative impact on smaller right-holders and individual authors, composers and performers, before giving consideration to the changing role of collecting societies online. The chapter concludes by considering the predominant discourse of competition in which the legislative initiatives concerning collecting societies have taken place, and the construction of the problem of multi-territory licensing as one of competition.
