The great expansion of EU copyright law has paved the way for several rightholders' abusive or dysfunctional conducts, without providing adequate solutions to prevent or remedy them. The answer from EU sources is characterized by extreme fragmentation, with tools mostly borrowed from external...

From Promusicae to date, the fair balance test has evolved into an articulated, sector-specific doctrine, but loopholes have still affected its reliability and consistency over time. This article sketches the evolution of the fair balance case law, draws a conceptual map schematizing the key...

Access to knowledge and participation in cultural life for persons with disabilities has always constituted a tough challenge. Recent studies show that only 5% of published works are available in accessible format, and the number plummets to 1% in developing countries. Coupled with the high...

Although scholars and stakeholders have long analyzed and tried to limit the clashes between copyright and fundamental rights caused by the recent developments of EU copyright law, none of their proposed solutions has been proven successful. This chapter is based on the assumption that the cause...

Due to its strong connection with sovereignty, territoriality and socio-economic policies, property law is traditionally considered part of the closed citadel of national law. This axiom is reinforced by private international law, where the mandatory principle of lex rei sitae acts as a barrier...

On November 16, 2016, the CJEU released its judgment in Soulier-Doke (C-301/15), declaring the incompatibility with EU law of the French legislation setting up a non-voluntary collective management scheme for the digitization of out-of-commerce books. The decision follows AG Wathelet’s...

With the Dutch referral of the Tom Kabinet case (C-263/18) in July 2017, the CJEU will soon have its final say on the admissibility of digital exhaustion under Art. 4(2) InfoSoc. Until now, years of national decisions and CJEU’s obiter dicta have provided a patchwork of inconsistent answers,...

Not all innovative processes rely on IP exclusive rights to incentivize and protect their content. While strategic considerations on the costs and convenience of IP enforcement generally play an important role, in specific sectors alternative norms and practices have proven more effective than...

This book provides a broadly managerial perspective on key trends that affect business decision-making in Central and Eastern Europe twenty years after the beginning of the region's transition to market economy. Reflecting different viewpoints, including economic, social, and political...