This article provides an initial comment of the two provisions of the digital copyright Directive that introduced the best-seller clause and the use-it-or-lose it principle in agreements between authors and performers (as weaker parties) and intermediaried. After analyzing in details how the two mechanisms work, the article focuses on the revocation right and its rationale and it advances a theory of quasimoral nature for such remedy, whose impact alters significantly some basic principles of contract law in favor of authors.
Right of revocation of authors and performers in the European online copyright directive
Massimiliano Granieri
2019-01-01
Abstract
This article provides an initial comment of the two provisions of the digital copyright Directive that introduced the best-seller clause and the use-it-or-lose it principle in agreements between authors and performers (as weaker parties) and intermediaried. After analyzing in details how the two mechanisms work, the article focuses on the revocation right and its rationale and it advances a theory of quasimoral nature for such remedy, whose impact alters significantly some basic principles of contract law in favor of authors.File in questo prodotto:
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