With the Dutch referral of the Tom Kabinet case (C-263/18) in July 2017, the CJEU will soon have its final say on the admissibility of digital exhaustion under Art. 4(2) InfoSoc. Until now, years of national decisions and CJEU’s obiter dicta have provided a patchwork of inconsistent answers,...

Although scholars and stakeholders have long analyzed and tried to limit the clashes between copyright and fundamental rights caused by the recent developments of EU copyright law, none of their proposed solutions has been proven successful. This chapter is based on the assumption that the cause...

The great expansion of EU copyright law has paved the way for several rightholders' abusive or dysfunctional conducts, without providing adequate solutions to prevent or remedy them. The answer from EU sources is characterized by extreme fragmentation, with tools mostly borrowed from external...