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This chapter is the last of the statute-focused chapters. It concentrates on how reversion rights have developed across the European Union. It briefly examines historical laws that reflect the incentive and reward concerns of subsequent reversion rights, before providing an overview of prominent types of reversion mechanisms in force in the EU as of 2020. This provides valuable context for an analysis of the most recent reversion development in the EU, the implementation of the 2019 Copyright in the Digital Single Market Directive (which required Member States to implement, at minimum, a right to end grants of rights where there was a ‘lack of exploitation’). The chapter demonstrates, however, that this provision, and many of its implementations in the domestic laws of Member States, also suffers from the problems identified in the US and UK chapters – poor design, ineffective triggers and the ability of rightsholders to undermine it, for example by contracting out of the scheme’s intended effect.

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4 - Statutory Reversion Rights in Europe

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4 - Statutory Reversion Rights in Europe

Summary