Catching sight of a glimmer of light: Fair remuneration and the emerging distributive rationale in the reform of EU Copyright Law

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Abstract

In the haze of highly polarized debates on the recently adopted EU Directive on Copyright in the Digital Single Market (CDSM), its focus on the notion of fair remuneration has passed over rather quietly. Three provisions in the Directive deal specifically with the fair distribution of revenue from online platforms to producers and, in turn, from producers to authors. Taking the cue from these new rules, the article investigates the restrictive interpretation of fair remuneration as fairly distributed income among right holders. The analysis purports to unearth the underlying distributive rationale of the new Directive as well as identify traces of it throughout the evolution of EU copyright law. By this token, the controversial CDSM Directive proves a valid opportunity to shed new light on the objectives of EU copyright law and assess its modernization in light of a distributive perspective.

Original languageEnglish
Pages (from-to)330-343
Number of pages14
JournalJournal of Intellectual Property, Information Technology and E-Commerce Law
Volume10
Issue number3
Publication statusPublished - 2020

Keywords

  • EU copyright law
  • copyright purpose
  • digital single market
  • fair remuneration
  • ributive rationale

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