DTA

Digital Theses Archive

 

Tesi etd-05092022-155047

Type of thesis
Corso Ordinario Ciclo Unico 5 Anni
Author
SIGNORETTA, CAMILLA
URN
etd-05092022-155047
Title
Of Justice, Asymmetries and Consumer-Alike Remedies for Authors under EU Copyright Contract Law
Structure
Cl. Sc. Sociali - Giurisprudenza
Course
SCIENZE GIURIDICHE - SCIENZE GIURIDICHE
Committee
Tutor Prof.ssa Maria Gagliardi
Relatore Prof.ssa Caterina Sganga
Presidente Prof. PALOMBELLA, GIANLUIGI
Membro Dott. DELLEDONNE, GIACOMO
Membro Dott. BERTOLINI, ANDREA
Keywords
  • Comparative Intellectual Property Law
  • Copyright Contract Law
  • EU Consumer Law
  • EU Contract Law
Exam session start date
08/06/2022;
Availability
parziale
Abstract
The rise of digital streaming highly affected the morphology and the dynamics of the music and audiovisual industries. Yet, the dramatic change in the business models, payment flows and main sources of income, both for UGC platforms and producers, is not adequately addressed from the perspective of authors and performers’ remuneration rights if not on a formal level through scattered CDSM provisions. Hence the authors and performers’ expectations to receive an appropriate and reasonable remuneration for transferring their economic rights under both EU and national copyright law are mostly neglected. This is also the fruit of the lack of general knowledge among artists and of transparency, as well as the complexities of the music and audiovisual digital contractual framework both in the EU and US. This research paper aims at delving into these quandaries from a remedial perspective, looking at general contract law and specific copyright provisions adopted in EU countries to reduce the disparities between the authors/performers, usually represented by CMOs in negotiations, vis á vis producers and UGC platforms active in the music and audiovisual sector. Therefore, we will attempt to suggest normative solutions to modernize EU copyright rules by mirroring the EU consumer law remedial toolkit. Our ultimate aim is promoting a shift towards more author-friendly copyright law provisions, delimiting freedom of contract in this market segment and ensuring the enforcement of remuneration rights in view of the asymmetries imbuing copyright contract law.
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