Giovanni Maria Riccio

Copyright, Digital Services Act and the Theoretical Fragility Behind Fundamental Rights

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What are the purposes of copyright law? Article 17 of the Charter of Nice includes intellectual property among the fundamental rights, as a mere declination of the property right. Similarly, the analysis of the case-law of the Court of Justice and the European Court of Human Rights confirms the focus on its patrimonial aspects in the protection of copyright, although some international conventions, such as the Universal Declaration of human rights, equate moral rights to patrimonial rights. Finally, the paper examines the obligation, hold by the Digital Services Act, that the managers of online platforms include, in their terms of use of the services, tools aimed at ensuring the respect of fundamental rights and, therefore, also intellectual property rights


  • intellectual property
  • copyright
  • fundamental rights
  • property rights
  • moral rights
  • digital services act


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