Creative and cultural interests versus corporate interests

In the field of EU copyright law, cultural diversity has been supported mostly by means of specific measures that address and seek to mitigate the economic conflict and tension arising between individual creators and content producers. EU copyright measures provide authors and performers with a number of remuneration rights concerning private copying of phonograms and audiovisual works, reprography of books, sales of original works of graphic and plastic art, and the exploitation of music performances embodied into sound recordings. These measures guarantee a given income with the aim to support the artistic career and/or to protect the financial interests of individual authors and performers, and operate at the intersection between copyright and contract law. As the next sections show, these provisions constitute an exception to the principle of freedom of contract that copyright widely relies upon, and make it impossible for authors or performers to validly transfer their rights to remuneration to intermediaries exploiting commercially the results of their work. The non-waivability of certain rights to remuneration is important since it aims to directly support the creative endeavour of individuals, who ultimately guarantee, more than cultural industries, the diversity of cultural creations.

 
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