The Many Metamorphoses of Related Rights in EU Copyright Law: Unintended Consequences or Inevitable Developments?

Forthcoming in GRUR Int., 10/2021

36 Pages Posted: 22 Apr 2021

See all articles by Caterina Sganga

Caterina Sganga

Scuola Superiore Sant'Anna di Pisa

Date Written: April 21, 2021

Abstract

Neighboring rights have always been neglected by copyright scholars, despite their economic relevance and market role have steadily increased across the decades. The situation has changed in the past two decades when, in response to the epochal shifts such entitlements have been subject to,. commentators have shifted their focus to their legislative and judicial evolutions of neighboring rights. These changes, in fact, have had a substantial impact on the texture of EU copyright law and of the common core of EU Member States laws, which may – or may not – represent the beginning of a new era for the relationship between copyright and related rights. To grasp drivers and sense of the various legislative reforms and CJEU’s responses in the field, and to understand the challenges they have posed to the consistency and internal balance of the EU copyright system, it is essential to analyze their roots and key features. To this end, this article will offer a brief overview of the legislative path that led from the Rome Convention to the debate preceding the CDSMD, with a focus on the introduction of sui generis rights and ancillary copyright (§2). Then, it will comment on nature and features of the new press publisher right under Article 15 CDSMD, focusing on its strengths and pitfalls (§3). The statutory analysis will be coupled with a comment on the four “waves” of the CJEU case law (§4), leading to a brief assessment and conclusions on the way forward (§5).

Keywords: neighboring rights, sui generis right, press publishers right, ancillary copyright, CJEU, harmonization

JEL Classification: K11, O34

Suggested Citation

Sganga, Caterina, The Many Metamorphoses of Related Rights in EU Copyright Law: Unintended Consequences or Inevitable Developments? (April 21, 2021). Forthcoming in GRUR Int., 10/2021, Available at SSRN: https://ssrn.com/abstract=3831543

Caterina Sganga (Contact Author)

Scuola Superiore Sant'Anna di Pisa ( email )

Piazza Martiri della Libertà 33
Pisa, 56127
Italy

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
29
Abstract Views
105
PlumX Metrics