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Propertizing European Copyright - History, Challenges and Opportunities (Hardcover)
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Propertizing European Copyright - History, Challenges and Opportunities (Hardcover)
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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. Academics and policy makers engaged in the debate on EU
copyright harmonization will find the multidisciplinary approach
employed in this work compelling. Judges, practitioners and
graduate students interested in deepening their knowledge of the
construction of EU copyright will also find in this book an
all-encompassing resource, rich in practical and theoretical
insight.
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