ABSTRACT
In 2019, a new copyright directive was passed in the EU aiming to modernize the legal rules established in the 2001 InfoSoc Directive, as well as promote a better functioning ‘digital single market’ for the exploitation of creative works and other protected subject matter. However, after extensive negotiations and compromises reached at the legislative level, the ongoing implementation of the directive into national law seems rather to deepen existing regulatory differences between Member States. The result of this (and past) failed attempts to approximate national copyright regimes had led to the fact that copyright is the least harmonised of all IP rights in the EU. Furthermore, legislative interventions so far have often attracted criticisms for not sufficiently taking into account public interest concerns and safeguarding fundamental rights in the offline and online world. Therefore, the time has come to consider another perspective on harmonisation: one which focuses on improving the existing institutional and regulatory arrangement for copyright in the EU by providing a new avenue for Member State cooperation in oversight, policy-building and enforcement …
Geiger, Christophe and Mangal, Natasha, Regulating Creativity Online: Proposal for an EU Copyright Institution (May 12, 2022). GRUR International- Journal of European and International IP Law 2022 (forthcoming).
First posted 2022-06-01 12:15:23
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