The presentation will focus on the analysis of art. 114 TFEU as the main competence norm to harmonise national copyright laws. In particular, I will demonstrate how the functional character of art. 114 TFEU has resulted in a normative gap in copyright lawmaking. I then suggest how the EU legislator ought to address that gap. The solution proposed amounts to the creation of benchmarks of legislative activity that can provide the normative content absent from art. 114.