An Interpretation of Articles 18-23 of Directive (EU) 2019/790: Open Issues in Contractual Copyright and Related Rights Law.

The article examines Articles 18-23 of Directive (EU) 2019/790, which introduce novel protective measures at the European Union level aimed at ensuring appropriate and proportionate remuneration for authors and performers who license or transfer exclusive economic rights to third parties. It highlights the directive's goal to address the "downstream value gap," where creators often receive unfair compensation compared to cultural enterprises, and discusses the scope, exclusions, and implementation challenges of these provisions. The principle of appropriate and proportionate remuneration is analyzed as an autonomous European law concept, with Member States responsible for defining its application, including mechanisms such as collective bargaining, statutory remuneration rights, and ex post contractual adjustments. The article also reviews transparency obligations, alternative dispute resolution procedures, and the right of revocation in cases of non-exploitation, noting interpretative uncertainties and the likelihood of future judicial clarification. Overall, the directive seeks to rebalance contractual relations in favor of creators, though its effectiveness depends on national implementation and enforcement.