Territoriality as a copyright inflexibility?

This chapter discusses the notion of territoriality as a manifestation of sui generis inflexibility similar to the rigid catalogue of exceptions and limitations, which is at odds with the EU single market. The study presents evidence that the low intra-EU circulation of audiovisual works goes against the moral interests of authors and the public’s right of access to culture. The authors aim to reconcile the extreme positions found in scholarship and policy debates (i.e., no exceptions to territoriality vs. the elimination of territoriality in the EU) by suggesting viable solutions that minimise harm to the legitimate property interests of film producers while satisfying the interests of the European public. Such solutions might include allowing passive sales in TVOD services or taking advantage of the current EU collective licensing scheme for out-of-commerce audiovisual works.