CEU Electronic Theses and Dissertations, 2020
| Author | Priora, Giulia |
|---|---|
| Title | Distributive Justice in EU Copyright Law: A Function-based Assessment for a Sustainable Harmonization |
| Summary | Among the main causes of the crisis faced by EU copyright law in the digital era is a progressive detachment of the regulation from its own functions. Remarkable divergences emerge from the evolving legislation, case law and scholarship when it comes to identify the purpose of copyright in the EU. The dissertation takes up the challenge of paving the way towards a tighter connection between the legislation and its stated objectives, with the aim of tracing an analytical trajectory towards a sustainable harmonization. The study builds on a historical, textual and content analysis of the law, unveiling the multifunctional nature of EU copyright law. The identified functions show a predominant economic nature, which leads to embrace the economic analysis to further inquire into the underlying, implicit objectives. The resulting picture displays a consolidated intent of the EU legislator to avoid copyright overprotection and underprotection, both deemed inefficient and socially undesirable scenarios. Within the limits imposed by this twofold warning, EU copyright law seeks a constant calibration of its own functions, essentially aiming at a fair distribution of copyright-generated income and information in society. In this vein, the adoption of a distributive analytical framework is suggested to be an effective move towards a function-based assessment of EU copyright law. Focusing on fair remuneration, co-authorship and teaching exception, the framework proves effective in highlighting convergences and divergences between the promised legislative objectives and the expected outcomes of the economic analysis, opening a window towards further positive as well as normative analysis of the current state and future developments in the EU copyright scene. |
| Supervisor | Sganga, Caterina; Eger, Thomas |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2020/priora_giulia.pdf |
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