A recent COMMUNIA Association post critiques the traditional view of copyright in the EU, which prioritizes the exclusive rights of creators and often limits users’ rights to exceptions – a practice which hinders access to protected works, especially in the digital environment. Christophe Geiger and Bernd Justin Jütte make the case for a shift toward recognizing user rights as fundamental, since doing so would help transform copyright into a mechanism that not only promotes creativity, but also facilitates access to protected works. Their discussion includes the need for a legal framework that aligns user rights with the digital age, ensuring that access is not obstructed by technological or legal barriers.
Specifically, the authors address the challenges posed by digital distribution, where rightsholders can restrict access in many ways which limit the exercise of user rights. They call for legal and institutional reforms which would ensure that user rights are enforceable and that access to copyrighted works is not unduly restricted by private ordering or technological measures.
The core argument is that copyright must serve a dual function, by incentivizing creation and enabling public access to culture and knowledge. The article advocates for legislative and institutional solutions to ensure that access to copyrighted works is fair and that the interests of users and creators are well-balanced; “Without access to copyrighted work there can be no creativity and where there is no creativity, the social contract behind copyright is broken.”
