Territoriality and the Quest for a Unitary Copyright Title external link

IIC, 2024

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.

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}, 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}, }

Territoriality Roundtables (combined report) download

Abstract

This report summarizes the outcome of two roundtables held with expert legal scholars on the need for a unified European copyright. Issues discussed include various models for a unitary copyright title and fundamental rights aspects. The Roundtables are part of a strand of the Recreating Europe project that queries how the territorial nature of copyright and related rights can hinder the realisation of the digital single market. While for e.g., trademarks and designs the EU has legislated community wide rights that extend across borders of individual Member States, copyright and related rights remain national at heart. Authors, performers, phonogram producers, database producers and other related rights owners all acquire bundles of national rights in their respective (intellectual) productions. Despite far-reaching harmonization of the subject-matter, scope and duration of national rights, these rights remain restricted in their existence and exploitation to the geographic boundaries of the individual Member States under whose laws they arise, i.e., they are territorial.

Copyright, Digital Single Market, EU law, Intellectual property, unitary title

Bibtex

Report{nokey, title = {Territoriality Roundtables (combined report)}, author = {van Eechoud, M.}, url = {https://www.ivir.nl/publications/territoriality-roundtables-combined-report/territoriality-roundtables-reportfinal870626_d4_4/}, doi = {https://doi.org/10.5281/zenodo.7564660}, year = {2022}, date = {2022-12-14}, abstract = {This report summarizes the outcome of two roundtables held with expert legal scholars on the need for a unified European copyright. Issues discussed include various models for a unitary copyright title and fundamental rights aspects. The Roundtables are part of a strand of the Recreating Europe project that queries how the territorial nature of copyright and related rights can hinder the realisation of the digital single market. While for e.g., trademarks and designs the EU has legislated community wide rights that extend across borders of individual Member States, copyright and related rights remain national at heart. Authors, performers, phonogram producers, database producers and other related rights owners all acquire bundles of national rights in their respective (intellectual) productions. Despite far-reaching harmonization of the subject-matter, scope and duration of national rights, these rights remain restricted in their existence and exploitation to the geographic boundaries of the individual Member States under whose laws they arise, i.e., they are territorial.}, keywords = {Copyright, Digital Single Market, EU law, Intellectual property, unitary title}, }