Caterina Sganga

Caterina Sganga
Scuola Superiore Sant'Anna | SSSUP · Institute of Law, Politics and Development DIRPOLIS

PhD Sant'Anna Pisa, LL.M. Yale Law School
Coordinator/PI - H2020 reCreating Europe (www.recreating.eu)

About

27
Publications
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Introduction
Caterina Sganga is Associate Professor of Comparative Private Law at Scuola Superiore Sant'Anna (Pisa) - Institute of Law, Politics and Development (DIRPOLIS). Her current research interests focus on EU and comparative copyright law, the constitutionalization of IP law, the interplay between IP and human rights, and IP strategic management.

Publications

Publications (27)
Article
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Neighboring rights have always been neglected by copyright scholars, despite their economic relevance and market role have steadily increased across the decades. The situation has changed in the past two decades when, in response to the epochal shifts such entitlements have been subject to,. commentators have shifted their focus to their legislativ...
Chapter
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With its broad, exclusive rights and narrow limitations, copyright has consistently posed obstacles to the production, distribution and availability of works in accessible formats, creating additional hurdles to the participation in cultural life and access to knowledge of persons with disabilities. Until recent times, legislators have largely igno...
Article
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For long neglected, copyright exceptions and limitations have recently been the subject of multiple interventions by the EU legislator and the European Court of Justice, some of these bringing about landmark changes to the approach, nature and interpretation of such provisions. Taking stock of the long road travelled in recent decades, this article...
Chapter
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The right of reproduction - commonly considered the core of copyright - has always been the first entitlement to face the challenges raised by technological developments. The digitization of protected works and the advent of the internet have drastically broadened the range of conducts involving acts of copying, triggering heated policy discussions...
Chapter
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After years of controversial national decisions and CJEU’s dicta, the Grand Chamber’s ruling in the Tom Kabinet case (C-263/18) seems to have excluded once and for all – save for an ad hoc legislative intervention – the admissibility of digital exhaustion under Article 4(2) InfoSoc. The CJEU’s rejection of an extension of the principle of exhaustio...
Chapter
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Not all innovative processes rely on IP exclusive rights to incentivize and protect their content. While strategic considerations on the costs and convenience of IP enforcement generally play an important role, in specific sectors alternative norms and practices have proven more effective than exclusive rights in fostering progress by turning inclu...
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in Annuario di Diritto Comparato e di Studi Legislativi, vol XI, 2020, pp.567-610 ------------------------------------------------------------------------------------------------------------------------------------- Scholars from both side of the Atlantic Ocean converge on the assumption that the qualification of copyright as a property right has...
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It represents a common narrative among scholars that the propertization of copyright has contributed to its constitutional hedging vis-à-vis other interests and rights, with distortive consequences for the copyright balance. The entry into force of Article 17(2) CFREU and a number of controversial CJEU decisions have reinforced this belief. This ch...
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From Promusicae to date, the fair balance test has evolved into an articulated, sector-specific doctrine, but loopholes have still affected its reliability and consistency over time. This article sketches the evolution of the fair balance case law, draws a conceptual map schematizing the key elements of the doctrine, identifies its gaps, and illust...
Article
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The notion of protected works in EU copyright law has been subject to controversial decisions since Infopaq in 2009. Levola promised to bring clarity, but its overly concise ruling triggered instead further questions. This article comments on the current state of the art, highlights its problematic aspects, and proposes solutions to achieve legal c...
Article
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With the Dutch referral of the Tom Kabinet case (C-263/18) in July 2017, the CJEU will soon have its final say on the admissibility of digital exhaustion under Art. 4(2) InfoSoc. Until now, years of national decisions and CJEU’s obiter dicta have provided a patchwork of inconsistent answers, and seemingly rejected the extension of the principle to...
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Building on the debate engendered by the Dutch Heks'nkaas case and its referral to the CJEU (Levola Hengelo, C-310/17), this articles demonstrates the legal inadmissibility and economic inefficiency of sensory copyright on the basis of a set of systematic and policy considerations. After a brief outline of the background of the referral (§2) and of...
Chapter
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Social and cultural rights and policies are often intertwined in their positive and negative relationships with copyright. This chapter provides an overview of the Court of Justice of the EU's (CJEU) application of EU primary law provisions in the field of copyright, with the aim to understand whether and with which impact non-market considerations...
Book
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With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural polic...
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The entry into force of Directive 2014/26/EU represented a shared hope that the field of collective management of copyright would experience more harmonised and consistent development. Yet, the gaps and ambiguities of the text, coupled with the unsystematic construction of EU copyright law, have inevitably led to short-circuits and controversial re...
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For decades now, the propertization of copyright has been viewed as the ultimate cause of many of the distortions affecting contemporary copyright law, and the enclosure of knowledge that has ensued. Although traces of this phenomenon are also present in the EU copyright harmonization, scholars have classified it as a dogmatically incorrect and mer...
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The great expansion of EU copyright law has paved the way to several rightholders' abusive or dysfunctional conducts, without providing adequate solutions to prevent or remedy them. The answer of EU sources is characterized by extreme fragmentation, with tools mostly borrowed from external bodies of law. Paradoxically, the doctrine of abuse of righ...
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On November 16, 2016, the CJEU released its judgment in Soulier-Doke (C-301/15), declaring the incompatibility with EU law of the French legislation setting up a non-voluntary collective management scheme for the digitization of out-of-commerce books. The decision follows AG Wathelet’s conclusions, yet founding its resolution on partly different gr...
Article
On November 10, 2016, the Court of Justice of the European Union (CJEU) released its judgment in the Vereniging Openbare case, intervening in the debated issue of the extension to e-lending of the public lending derogation provided by Article 6(1) of Directive 2006/112. The decision was long-awaited by copyright scholars, for the CJEU was called up...
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Although scholars and stakeholders have long analyzed and tried to limit the clashes between copyright and fundamental rights caused by the recent developments of EU copyright law, none of their proposed solutions has been proven successful. This chapter is based on the assumption that the cause of this impasse lies in the systematic chaos generate...
Article
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Access to knowledge and participation in cultural life for persons with disabilities has always constituted a tough challenge. Recent studies show that only 5% of published works are available in accessible format, and the number plummets to 1% in developing countries. Coupled with the high costs of production and distribution, and the full relianc...
Article
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Due to its strong connection with sovereignty, territoriality and socio-economic policies, property law is traditionally considered part of the closed citadel of national law. This axiom is reinforced by private international law, where the mandatory principle of lex rei sitae acts as a barrier against the cross-fertilization of national property s...
Article
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Article 15(1)(a) of the International Covenant on Economic Social and Cultural Rights—a source of binding law in 160 countries—recognizes “the right of everyone to take part in cultural life.” This provision, however, has so far been little interpreted. This essay suggests how lawmakers and jurists might give meaning to the right to take part in cu...

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