Show Less
You do not have access to this content

Propertizing European Copyright

History, Challenges and Opportunities

Caterina Sganga

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.
Show Summary Details
You do not have access to this content

Chapter 2: Droit d’auteur, copyright and the historical epiphanies of propertization

History, Challenges and Opportunities

Caterina Sganga

Extract

Chapter 2 uncovers the roots and implications of the emergence of proprietary concepts in the two originating systems of the droit d’auteur (France) and copyright (England) model, and uses Germany and Italy as additional testing grounds in light of their derivative, second-generation nature, the originality of their developments, and the distinct traits of their property models. Through its deconstructions, Chapter 2 highlights the connections between normative theories, legal doctrines, institutional dynamics and socio-economic factors in the adoption of specific legal solutions, explaining why apparently similar phenomena of propertization of copyright (or its rejection) could produce diverging regulatory results in different systems. This comparative exercise is useful to distinguish between rhetorical arguments and technical qualifications when assessing the impact of propertization on the drafting and interpretation of copyright rules.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.