Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law

Intellectual Property & the Judiciary, ed. C. Geiger, Edward Elgar, 2018, Forthcoming

26 Pages Posted: 28 Jul 2017 Last revised: 7 Dec 2017

See all articles by Jonathan Griffiths

Jonathan Griffiths

Queen Mary University of London, School of Law

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Date Written: January 1, 2017

Abstract

In fleshing out the skeletal legislative framework on EU copyright law, the Court of Justice has increasingly been guided by the apparent requirements of the rights enshrined in the Union’s Charter of Fundamental Rights. This development has been described as “constitutionalisation”. This chapter sketches the process of constitutionalisation and considers whether it is likely to lead to the further development of rules at Union level without need for further legislative intervention.

In particular, it investigates:

(1) whether the process might result in the establishment of a more comprehensive and more fully harmonised set of exceptions in Union copyright law and,

(2) whether it might lead to the recognition of a broader range of rights (both economic and non-economic) for authors and other right-holders.

Keywords: copyright, fundamental rights, human rights, court of justice, EU Charter, Charter of Fundamental Rights, freedom of expression, right of property, moral rights, expropriation

JEL Classification: K11, K30

Suggested Citation

Griffiths, Jonathan, Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law (January 1, 2017). Intellectual Property & the Judiciary, ed. C. Geiger, Edward Elgar, 2018, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3007650

Jonathan Griffiths (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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