From Soulier to the EU Copyright Law Reform: Which Future for Non-Voluntary Collective Management Schemes?

The entry into force of Directive 2014/26/EU represented a shared hope that the field of collective management of copyright would experience more harmonised and consistent development. Yet, the gaps and ambiguities of the text, coupled with the unsystematic construction of EU copyright law, have inevitably led to short-circuits and controversial results. The decision of the European Court of Justice in Soulier and Doke is an eloquent case in point. This article analyses its statements and silences, its potential dangerous systematic effects, and the pending response of the EU legislator to the threats it poses to non-voluntary collective management schemes and the overall copyright balance.