Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law
European Intellectual Property Review (2019) (forthcoming)
7 Pages Posted: 8 May 2019
Date Written: April 24, 2019
In his Opinion in Pelham (C-467/17) Advocate General Szpunar suggests that the use of samples from sound recordings is not permitted under the European copyright rules. While applying an extensive interpretation of the scope of the rights of phonogram producers, he rejects an extensive interpretation of the quotation exception and limits the role of fundamental rights as external checks to copyright law. Despite its merits, there are key aspects of the Opinion that raise concerns: a too broad interpretation of the reproduction right; and an unduly strict view of copyright exceptions – especially quotation – and the role of fundamental rights in shaping the scope of copyright protection. On those points, we suggest that the Court does not follow the Opinion.
Keywords: Music Sampling, Freedom of Expression, Fundamental Rights, Limitations and Exceptions, Copyright, EU Law
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