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Author’s Right to Choose: Right of Divulgation in the Online Digital Single Market of the EU
Stockholm University, Faculty of Law, Department of Law.ORCID iD: 0000-0002-8332-6692
2020 (English)In: EU Internet Law in the Digital Era: Regulation and Enforcement / [ed] Tatiana-Eleni Synodinou, Philippe Jougleux, Christiana Markou, Thalia Prastitou, Springer, 2020, p. 137-160Chapter in book (Refereed)
Abstract [en]

This chapter provides an analysis in the material scope of application of the moral right of divulgation and the economic right of communication to the public in the EU’s digital single market. The aim is to bring forward arguments why the application of both rights should only be addressed through the protection afforded by the economic right. The rationale behind this is that the right of divulgation, as a moral right of the author, and the right of communication to the public, as an economic right of the author, both share the same trigger point for their application. This trigger point consists of the author’s choice in sharing her or his work with the public, in which the author of the work also chooses the manner, shape and place where this sharing will occur.

Unlike the economic right of communication to the public, which has been harmonised in the EU, the right of divulgation, as a moral right is deeply rooted in the national legislative and judicial interpretation of the Member States that recognise this moral right of the authors. In line with this and for this chapter, analysis of the material scope of the application of the right of divulgation is evaluated through the monistic and dualistic approach to the regulation of copyright, and the jurisdictions that are analysed are primarily France and Germany.

Against this background, the analysis in the chapter provides for overlapping interpretational criteria of both rights that encompass an act of sharing, the definition of what the public is, and what the modes of dissemination of work are.

Place, publisher, year, edition, pages
Springer, 2020. p. 137-160
Keywords [en]
Copyright, moral rights, economic rights, right of divulgation, right of communication to the public, right of making the work available to the public, monist structure of copyright, dualist structure of copyright, internet, online dissemination, overlap between moral and economic rights
National Category
Law
Research subject
Law and Information Technology
Identifiers
URN: urn:nbn:se:su:diva-175345DOI: 10.1007/978-3-030-25579-4_6ISBN: 978-3-030-25578-7 (print)ISBN: 978-3-030-25579-4 (electronic)OAI: oai:DiVA.org:su-175345DiVA, id: diva2:1362561
Available from: 2019-10-21 Created: 2019-10-21 Last updated: 2019-10-21Bibliographically approved

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CiteExportLink to record
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