Monolithic Copyright, Market Power and Market Definition - The Impact of Competition Law on the Licensing of Copyrighted Content

A monolith can be described as a geological feature “consisting of a single massive stone or rock, such as some mountains.” In architecture, it may refer to “a single large piece of rock placed as, or within, a monument or building.” A literary or artistic work may constitute a monolith in its own right. As a single large piece of information, it may stand out from works of the same category. Similarly, collections of works may become so dense that they resemble a single massive information monolith. In both cases, the market power resulting from copyright ownership may be considerable. Hence, the question arises whether competition law can serve as a vehicle to ensure reasonable access conditions and prevent an artificial supply shortfall