An Interpretation of Articles 18-23 of Directive (EU) 2019/790: Open Issues in Contractual Copyright and Related Rights Law

Although creators have always been placed at the centre of the copyright system, they generally face difficulties in being fairly remunerated for their work. Articles 18-23 Directive (EU) 2019/790 require Member States to establish a series of protective measures in favour of authors and performers who license or transfer the exclusive economic rights to their works or performances to third parties for the purpose of exploitation. These measures constitute an absolute novelty at the European Union level and at the level of most Member States, and present a potential which must not be wasted. However, these provisions are in many ways complex and ambiguous, so that their effectiveness could be undermined in various ways. This article focuses on some still open issues concerning Arts. 18-23 Directive (EU) 2019/790 and attempts to provide the most appropriate interpretation in order to achieve the intended goals. In doing so, particular attention is paid to previous fragmented national and European experiences in the field of contractual copyright and related rights law.