Copyright and Freedom of Artistic Expression

The relationship between copyright and freedom of artistic expression can take two opposite forms. It can be represented in terms of enhancement when the expressions of the human personality are protected against the free riders, thus jeopardizing the moral and material interests of creators. However, it can also turn to be viewed as a deterrent when the breadth of the exclusive power becomes so broad that it risks hindering follow-on creativity and referential uses. In such a scenario, it is debated whether the reconcilement between the mentioned fundamental rights should be found in internal or external mechanisms. This twofold relationship is examined through the balancing exercises carried out by the CJEU and the ECtHR, concluding with a snapshot of the latest tensions brought by Generative AI-technologies.