Table of Contents

Research Handbook on the Future of EU Copyright

Research Handbook on the Future of EU Copyright

Research Handbooks in Intellectual Property series

Edited by Estelle Derclaye

It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law.

Chapter 3: Subject Matter

Tanya Aplin

Subjects: law - academic, intellectual property law


may be outside the scope of protection guaranteed by these Articles’.36 On the other hand, the special mention of intellectual property alongside the general property right could also be interpreted as a mark of its specificity. IP would then be mentioned separately because of its difference from the right to property in general, because it concerns property of a special kind, for example, a property that is ‘socially rooted’, in accordance with the theory of the social function of intellectual property rights.37 The problem is that Article For criticism see also C. Geiger, ‘Intérêt général, droit d’accès à l’information et droit de propriété: La propriété intellectuelle analysée à la lumière des droits fondamentaux’, in: M. Buydens and S. Dusollier (eds.), L’intérêt général et l’accès à l’information en propriété intellectuelle, 249 (Brussels, Bruylant, 2008); Dietz, supra note 27 and Drexl, supra note 22. 36 T. Milly, supra note 18, at 196; S. Ricketson, ‘Intellectual Property and Human Rights’, in: S. Bottomley and D. Kinley (eds.), Commercial Law and Human Rights, 192 (Burlington, Ashgate, 2001) and the General Comment No. 17 (2005) of the United Nations Committee on Economic, Social and Cultural Rights to Art. 15(1)(c) of the Covenant (E/C.12/GC/17, 12 January 2006), stating that ‘the Committee considers that only the “author”, namely the creator, whether man or woman, individual or group of individuals, of scientific, literary or artistic productions, such as, inter alia, writers and artists, can...

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