PROPERTIZING EUROPEAN COPYRIGHT HISTORY CHALLENGES AND OPPORTUNITIES
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- Author: CATERINA SGANGA
- ISBN: 9781786430403
- Availability: In Stock
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With an acceleration in the last decades, the language of
property, piracy and theft has become mainstream in copyright matters. Scholars
have argued that this latent propertization has progressively led to the undue
expansion of copyright and an enclosure of knowledge, causing clashes with
users’ fundamental rights and EU social and cultural policies. Challenging the
validity of such critiques, Propertizing European Copyright demonstrates that
these distortive effects are only the result of mishandled property rhetoric
and that a commitment to copyright propertization could enable a more
internally consistent and balanced development of EU copyright law.
To prove the point, the book provides a
comprehensive analysis of causes and effects of propertization in copyright
history, comparing the impact of private and constitutional property doctrines
in selected national experiences with the unsystematic propertization of EU
copyright. The author argues for a systemization of EU copyright law, and
provides practical examples of how propertization could help tackling the
pitfalls of the harmonization process, achieving a greater interpretative
coherence and a more stable copyright balance..