L’appartenenza dei diritti d’autore

This article analyzes the evolution of the European Union copyright law, from the perspective of harmonization, with respect to ownership of economic rights on intellectual creation. The results of the analysis seem to support the view that EU law resorted ever since to two models of allocation of rights. In the first place, a rule of individual ownership is restated at European level, although imported from the CUB. Yet, in some instances, where prevalence of the organizational efforts is straightforward and crucial to ensure incentives to employers, a rule of institutional rule is introduced, which involves at least software, databases and design. The author tries to affirm that, when compared with the current dynamics and the modern forms of creation, the harmonized framework is an unfinished painting that the European institutions could complete. The Treaties (particularly as far as the creation of the internal market is concerned) would provide a consistent basis to further harmonization.