Multilevel constitutionalism and the propertization of EU copyright: an even higher protection or a new structural limitation?

It represents a common narrative among scholars that the propertization of copyright has contributed to its constitutional hedging vis-à-vis other interests and rights, with distortive consequences for the copyright balance. The entry into force of Article 17(2) CFREU and a number of controversial CJEU decisions have reinforced this belief. This chapter proves this argument too simplistic and partially fallacious. It uses the CJEU property case law, the main features of the EU constitutional property model, and a number of national court decisions operating a constitutional propertization of copyright to build a counter-narrative where the qualification of copyright as a property right under Article 17(2) CFREU offers, instead, the opportunity for a more consistent and balanced development of EU copyright law.