Territoriality and the Quest for a Unitary Copyright Title
Abstract
After 30 years of harmonization at EU level, copyright and related rights remain decidedly territorial in scope. This is despite the continuous quest for an internal market and the profound impact on cross-border creation, dissemination and use of cultural content. This contribution recounts the outcome of research done on territoriality in the context of the ReCreating Europe project. It discusses why national territorial rights persist, what type of legal mechanisms the EU legislature employs to address the adverse effects of territoriality, and sketches a number of models for a unitary title based on Art. 118 TFEU which could be explored going forward.
Links
Art. 118 TFEU, Copyright, EU, territoriality, unitary title
Bibtex
Article{nokey,
title = {Territoriality and the Quest for a Unitary Copyright Title},
author = {van Eechoud, M.},
url = {https://link.springer.com/article/10.1007/s40319-023-01412-w},
doi = {https://doi.org/10.1007/s40319-023-01412-w},
year = {2024},
date = {2024-02-01},
journal = {IIC},
volume = {55},
pages = {66-88},
abstract = {After 30 years of harmonization at EU level, copyright and related rights remain decidedly territorial in scope. This is despite the continuous quest for an internal market and the profound impact on cross-border creation, dissemination and use of cultural content. This contribution recounts the outcome of research done on territoriality in the context of the ReCreating Europe project. It discusses why national territorial rights persist, what type of legal mechanisms the EU legislature employs to address the adverse effects of territoriality, and sketches a number of models for a unitary title based on Art. 118 TFEU which could be explored going forward.},
keywords = {Art. 118 TFEU, Copyright, EU, territoriality, unitary title},
}