Promoting Creativity through Copyright Limitations: Reflections on the Concept of Exclusivity in Copyright Law

Do copyright limitations have the ability to promote creativity and innovation in an effective way? This question may initially sound astonishing because this incentive function is traditionally attributed to the exclusive rights and not to their limitations. However, it should not be forgotten that innovation often builds on existing creations. As a consequence, by depriving the copyright holder of the right to consent to certain acts, one might in turn encourage creative uses. In addition, it is possible for legislatures to draft limitations in order to guarantee that the permitted uses are not for free by providing for a just monetary return for right holders, for example by establishing a workable limitation- based remuneration system. In many European countries, uses legitimated by copyright limitations are often coupled with the payment of remuneration, from which the creators often profit in a considerable manner. Thus, this Article seeks to reflect on the limitations and exceptions to copyright from the perspective of the creators and their interests and, on this occasion, to express some free thoughts concerning the principle of exclusivity in copyright law