Biography

Caterina Sganga (PhD Sant’Anna ‘11; LLM Yale Law School ‘09; LLB ’04 and JD ’06 University of Pisa; Diploma ’04 and Master’s Diploma ‘06 Sant’Anna) is Associate Professor of Comparative Private Law at the DIRPOLIS Institute. Before joining Sant’Anna in October 2018, she was Assistant and later Associate Professor of Law at Central European University.

She is the PI/coordinator of the H2020 project reCreating Europe (“Rethinking digital copyright law for a culturally diverse, accessible, creative Europe”, €3 million, 2020-2022), which studies the impact of EU digital copyright law on creativity, cultural diversity and access to knowledge through a multidisciplinary approach and a focus on five groups of stakeholders (individual authors and performers, creative industries, cultural institutions such as galleries, libraries, archives and museums, intermediaries, users).

In the past she was fellow at the Information Society Project at Yale, visiting researcher at the Center for Intellectual Property Policy at McGill University, and visiting professor at Maynooth, CEU, Europa-Kolleg of the University of Hamburg, Pisa. Member of several international IP and property law associations (EPIP, ATRIP, ALPS), author of two books and several contributions on leading journals in her fields, her main research areas are international and comparative IP law, comparative property law, law and technology and comparative tort law. She is avvocato at the Italian State Bar and attorney-at-law at the New York State Bar.

Research

• International and Comparative Intellectual Property Law, with a key focus on 
  • European Copyright Law
  • Intellectual Property and
  • new technologies (AI, IoT, cloud computing, cyberspace, digitization)
• Intellectual Property, Constitutions and Human Rights
• Propertization of data and data ownership in the era of big data
• Comparative Property Law
• Comparative Tort Law, with a focus on personal injury damages

Pubblicazioni

• Propertizing European Copyright. History, Challenges and Opportunities, Edward Elgar, 2018.
• Dei beni in generale (Artt. 810 – 821 c.c.) [On Goods in General (Articles 810-821 of the Civil Code)], in Il Codice Civile – Commentario, directed by P.Schlesinger and continued by F.D.Busnelli, Giuffré, 2015 (pp. 432).
• “Principio di proporzionalità e misure di tutela del diritto d’autore”, AIDA, 2020, 147-189.
• “A new era for EU copyright exceptions and limitations? Judicial flexibility and legislative discretion in the aftermath of the CDSM Directive and the CJEU Grand Chamber’s trio”, 21 ERA-Forum 2020, 311-339
• “A Decade of Fair Balance Doctrine, and How to Fix It: Copyright versus Fundamental Rights before the CJEU from Promusicae to Funke Medien, Pelham and Spiegel Online”, 11 EIPR 2019, 683
• “Towards a More Socially Oriented EU Copyright Law: a Soft Paradigm Shift After Lisbon?”, in D.Ferri, F.Cortese (eds.), “The EU Social Market Economy and the Law: Theoretical Perspectives and Practical Challenges for the EU”, Routledge, 2018, 231-251.
• “A plea for digital exhaustion in EU copyright law”, in 9(3) JIPITEC (2018).
• “From abuse of right to European copyright misuse: a new doctrine for EU copyright law” (with S. Scalzini), International Review of Intellectual Property and Competition Law (IIC), (2017) 48(4), 405-435.
• “The eloquent silence of Soulier and Doke and its critical implications for EU copyright law”, Journal of Intellectual Property Law & Practice (2017) 12 (4): 321-330.
• “Disability, Right to Culture and Copyright: Which Regulatory Option?”, International Journal of Law, Computers and Technology, 2015, Vol. 29, Nos. 2-3, 88-115.
• “EU Copyright Law Between Property and Fundamental Rights: a Proposal to Connect the Dots”, in R.Caso-F.Giovanella (eds.), “Balancing Copyright Law in the Digital Age. Comparative Perspectives”, Springer, 2015, 1-26.
• “Right to Culture and Freedom of Art and Science: Participation and Access”, in C.Geiger (ed.), “Research Handbook on Human Rights and Intellectual Property”, Edward Elgar, 2015, 560-576.
• “Cracking the Citadel Walls: a Functional Approach to Global Property Models Within and Beyond National Property Regimes”, Cambridge Journal of International and Comparative Law (3)1: 770-794 (2014)
• “The Right to Take Part in Cultural Life: Copyright and Human Rights” (with L. Shaver), 27 Wisconsin International Law Journal 637 (2010).

Corsi Seguiti

PhD courses: 

• Intellectual Property and Human Rights 
• Towards a Global Property Model? 
• Digital Rights and Conflicts
• Frontiers of Intellectual Property: Artificial Intelligence, Big Data and Beyond
• Comparative Law of the Digital Economy
• Intellectual Property in and for Research

Undergraduate courses:

• Intellectual Property between Exclusivity and Access 
• Comparative Introduction to Intellectual Property 
• Common law Contracts
• Comparative Property Law
• Digital Rights and Conflicts
• Comparative Trust Law