Publication details
Jednotné autorské právo Evropské unie: utopie nebo budoucnost?
| Title in English | Uniform Copyright Law of the European Union: Utopia or Future? |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | copyright law; harmonisation; unification; Art. 118 TFEU; single copyright title; European Copyright Code |
| Attached files | |
| Description | This paper briefly summarizes the development of copyright harmonisation at European Union level, its current situation and identifies gaps preventing a correct functioning of the internal market with copyrighted materials. It also discusses the legislative possibilities of how to further harmonise the current copyright regulation [adoption of further specialized directives, codification or over-haul thereof (“recasting”)]. The lacunae of the regulation, originating, inter alia, in the ter- ritorial nature of copyright led to consideration of a possible next step – the creation of a uniform copyright protection, respectively, copyright in the Union with a unitary effect – full unification via regulation and the creation of a single act comprehensively regulating this issue. The next part of the paper discusses the possibilities and means of realization of such a protection regime, especially regarding the competence of the European Union in this area. The third part describes the already existing academic proposal for a blueprint of such single European Union copyright, namely the so called “European Copyright Code”. Its basic structure, contents, as well as criticism are presented. The concluding part sums up the stakeholders’ opinion about this issue gathered by the Commission in the up until now most comprehensive consultation on the issue of copyright, summarizes the findings and discusses possible future developments in this area. |