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Copyright as Monopoly: The Italian Fire Under the Ashes

Trento Law and Technology Research Group Research Paper No. 26

32 Pages Posted: 14 Mar 2016  

Roberto Caso

University of Trento - Faculty of Law - LawTech Group

Giulia Dore

Post Doctoral Researcher

Date Written: March 12, 2016

Abstract

This essay provides an overview of some research that is in its early stages. The principal purpose of the authors is to understand whether, in a Continental European legal system such as the Italian one – traditionally led by a strong historical and normative vision of copyright (or author’s right) as natural right and nowadays influenced by the EU propertization trend – it is yet possible to foresee a different approach that is prone to interpreting the exclusivity of copyright in terms of monopoly. The latter approach, to some extent, might in fact be more relevant to restricting copyright protection by limiting the exclusive rights (ius excludendi alios) while supporting the public interest. Besides, the vision of “copyright as monopoly” seems in particular to play an overriding role within the digital context, where property is less apt in terms of the promotion and sharing of knowledge and, on the contrary, monopolistic jeopardy is sensibly flourishing.

Keywords: Intellectual property, Copyright, Comparative Law, Property, Monopoly, Italian legal system

Suggested Citation

Caso, Roberto and Dore, Giulia, Copyright as Monopoly: The Italian Fire Under the Ashes (March 12, 2016). Trento Law and Technology Research Group Research Paper No. 26. Available at SSRN: https://ssrn.com/abstract=2746794

Roberto Caso

University of Trento - Faculty of Law - LawTech Group ( email )

Via Rosmini 33
Via Verdi 53
Trento, TN
Italy
+39 0461 28 3881 (Phone)
+39 0461 28 1899 (Fax)

HOME PAGE: http://www.lawtech.jus.unitn.it/index.php/people/roberto-caso

Giulia Dore (Contact Author)

Post Doctoral Researcher ( email )

Airthrey Castle, School of Law
University Stirling
Stirling, Scotland FK9 4LA
United Kingdom

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