Update on Neighbouring Rights In Copyright Matters – Unintended Consequences or Inevitable Developments?

• Jurisdiction: European Union
• Year: 2021
• Author: Caterina Sganga

Speaker

Caterina Sganga joined Sant’Anna as an Associate Professor of Comparative Private Law in October 2018. In the past years she held visiting teaching appointments at Maynooth University (Ireland), CEU, the Europa-Kolleg of the University of Hamburg and the University of Pisa, was a fellow at the Information Society Project at Yale Law School, and a visiting researcher at the Center for Intellectual Property Policy at McGill University (Montreal). She is also avvocato at the Italian State Bar and attorney-at-law at the New York State Bar.

Caterina's key research area is international and comparative intellectual property law, with a focus on European copyright law, IP and new technologies (AI, IoT, cloud computing, cyberpsace, digitization), IP and innovation policies, the interplay between IP and human rights, and data ownership and management in the era of big data.

Topic

This e-presentation provides a comprehensive examination of the latest advancements concerning neighbouring rights. Initially, it presents a concise review of the international and EU legal frameworks governing neighbouring rights. The speaker then delves into the historical context behind the implementation of ancillary copyright for press publishers across various Member States.

Throughout the presentation, the audience gains valuable insights into the rationale behind the introduction of this legal provision and its implications for the press publishing industry. By exploring the background and motivations driving this measure, participants can better understand its intended impact and potential challenges.

As the e-presentation progresses, the focus shifts towards an in-depth analysis of the most recent case law from the Court of Justice of the European Union (CJEU) pertaining to neighbouring rights. Notably, the speaker places special emphasis on two critical rulings: Pelham and Spedidam v INA.

The Pelham case ruling is examined in detail, shedding light on its significance for neighbouring rights protection and copyright-related matters. Additionally, the Spedidam v INA ruling is thoroughly dissected, offering a comprehensive understanding of its implications and...