Interpreting EU reversion rights: why ‘use-it-or-lose-it’ should be the guiding principle

Furgał, U. (2021) Interpreting EU reversion rights: why ‘use-it-or-lose-it’ should be the guiding principle. European Intellectual Property Review, 43(5), pp. 283-291.

Abstract

This article presents the findings from a comprehensive mapping of copyright reversion provisions which are currently or were historically a part of the laws of EU Member States. The analysis identifies patterns and argues for a "use-it-or-lose-it" guiding principle that should govern the whole term of creator contracts. This principle is being made explicit within EU copyright law by a new revocation right provided by art.22 of the Directive on Copyright in the Digital Single Market . Whereas the current reversion rights landscape is fragmented, Member States’ preference for use-based provisions is clear. The understanding of "use", especially in the digital context is, however, vague. This article proposes a way to address those shortcomings while bringing all reversion rights under a "use-it-or-lose-it" umbrella during the implementation process of the Copyright in the Digital Single Market Directive .

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Furgal, Dr Ula
• Authors: Furgał, U.
• Subjects: K Law > K Law (General)
• College/School: College of Social Sciences > School of Law
• Journal Name: European Intellectual Property Review
• Journal Abbr.: EIPR
• Publisher: Sweet & Maxwell
• ISSN: 0142-0461
• Copyright Holders: Copyright © 2021 Thomson Reuters
• First Published: First published in European Intellectual Property Review 43(5): 283-291
• Publisher Policy: Reproduced in accordance with the publisher copyright policy

Related URLs

• Author

Project Code	Award No	Project Name	Principal Investigator	Funder's Name	Funder Ref	Lead Dept
307178		reCreating Europe	Marta Iljadica	European Commission (EC)	N/A	Law
303123		Centre of Excellence for Policy and Evidence in the Creative Industries (PEC)	Martin Kretschmer	Arts and Humanities Research Council (AHRC)	AH/S001298/1	CREATe