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.

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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
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
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
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Project CodeAward NoProject NamePrincipal InvestigatorFunder's NameFunder RefLead Dept
307178reCreating EuropeMarta IljadicaEuropean Commission (EC)N/ALaw
303123Centre of Excellence for Policy and Evidence in the Creative Industries (PEC)Martin KretschmerArts and Humanities Research Council (AHRC)AH/S001298/1CREATe