Copyright law prevents market failure by making intangible goods exclusive and thus marketable. Exclusivity, however, has a downside: If the right holder prohibits uses without making them himself (in a certain way), out-of-print works lie dormant, innovations are hindered, and scientific journals are made prohibitively more expensive. The remedy could be a compulsory copyright licence. This special type of obligation to contract regulated by copyright law - the right holder must grant a licence, but can negotiate the conditions - leads a shadowy existence in literature and legislation. The aim of the work is to close this gap. First, using a comparative law approach and the goal of

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