The Author as Revenue Sharer: Lecture in Memory of William R. Cornish

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This article returns to a topic Prof Cornish examined in his 2002 Manges Lecture at Columbia Law School: the role of copyright law in providing fair remuneration to authors. Since Prof Cornish’s lecture, the EU has announced an author’s right to fair remuneration and has enacted a Directive designed to make that right effective.

This article explores the relevant provisions of the 2019 Digital Single Market Directive, and then examines ways in which exploiters might manipulate the rules of private international law to circumvent Union guarantees.

It concludes by considering the extent to which platform Terms of Service might also render fair remuneration rights toothless, through mass-market non-negotiated ‘free’ licenses to use the works that authors post to platforms such as Instagram, YouTube and ‘X’ (Twitter).


Intellectual Property Law | Law

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