Derecho de autor y Derechos conexos como instrumentos comerciales en las plataformas digitales: situaciones que pueden derivar en ilícitos concurrenciales.

Abstract

Various business models are implemented on digital platforms, based on the supply and circulation of works protected by copyright and related rights. The contracts entered into between digital platforms and rights holders, as well as with consumers and users, often provide for the exercise of copyright in order to support the dominant position of the platforms themselves.
Some of these situations are analyzed, insofar as there are risks of anti-competitive behavior that affect authors and artists in particular. Legal doctrine is analyzing this issue, and some regulations already seek to regulate identification and prevention in this regard.
Some risks to competition are mentioned, especially abuse of a dominant position, through agreements between competitors on digital platforms or clauses referring to the rights of authors and artists that create barriers to market access. Problems arising from the determination of fair payments to authors and artists are also analyzed, with special reference to the impact of generative artificial intelligence.
Finally, a series of measures are presented that make it possible to identify behaviors that affect or may affect competition, as well as to prevent or sanction their occurrence.