Theory and practice of intellectual property
№ 2 / 2026

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/tpip.2026.2.9

Submitted     2026-04-10
Accepted      2026-05-11
Published      2026-05-28

The category of interest as a tool for rethinking copyright and related rights in the European Union: issues of balancing interests in the context of digitalization

Olena Starchenko
PhD (Law),
Senior Research Fellow at the Department of Copyright and Related Rights,
Intellectual Property Scientific Research Institute
of the National Academy of Legal Sciences of Ukraine,
Attorney-at-Law
Kyiv, Ukraine
https://orcid.org/0009-0002-3252-4338

Abstract
The article is devoted to the analysis of the legal category of interest from the perspective of its significance for the rethinking and modernization of copyright and related rights in the European Union within the functioning of the digital environment. The study examines the issues of balancing interests in the course of implementing the social function of copyright, taking into account the new challenges posed by digitalization and globalization. Particular attention is paid to the provisions of Directive 2001/29/EC and Directive 2019/790/EU, as well as to selected judgments of the Court of Justice of the European Union, in the context of analyzing the current mechanism for balancing interests in copyright and related rights. The author concludes that the contemporary copyright system demonstrates a low level of flexibility in reconciling diverse and competing interests, as well as a persistent tendency to shift the balance in favor of authors and right holders. It is emphasized that the category of interest in EU copyright and related rights serves as a regulatory instrument that not only shapes the vectors of legal regulation but also establishes limitations aimed at ensuring a fair balance.

Keywords: interest, copyright and related rights, balancing interests, Directive (EU) 2001/29, Directive (EU) 2019/790, digitalization, EU acquis, Court of Justice of the European Union

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