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Salvador Ferrandis & Partners

Cultural diversity is a must in modern societies. Balance between protection and freedom of use of cultural content is in the spotlight worldwide.

On the one hand, artists and right holders need a clear and straightforward legal framework in order to defend their creations and be able to commercially exploit them without undue interferences from third parties.

On the other hand, end users claim for massive and low-price or even free access to cultural content.

The interest clash is clear with this background; copyright systems, doctrine and practitioners debate on which should be the best approach. The intermediation of collective societies -for certain types of works- makes the scenario even more dodgy.

The situation gets even more complex, and this is one of the core issues for copyright nowadays, if account is taken of the international aspect of copyright both in terms of creation and exploitation.