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

See all articles by Bernd Justin Jütte

Bernd Justin Jütte

University of Nottingham, Faculty of Law and Social Sciences, School of Law, Students; University of Luxembourg; Vytautas Magnus University - Faculty of Law

João Quintais

University of Amsterdam - Institute for Information Law (IViR)

Date Written: April 24, 2019

Abstract

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

Suggested Citation

Jütte, Bernd Justin and Quintais, João, Advocate General Turns down the Music – Sampling Is Not a Fundamental Right under EU Copyright Law (April 24, 2019). European Intellectual Property Review (2019) (forthcoming), Available at SSRN: https://ssrn.com/abstract=3377205

Bernd Justin Jütte

University of Nottingham, Faculty of Law and Social Sciences, School of Law, Students ( email )

Law and Social Science Building
University Park
Nottingham
United Kingdom

University of Luxembourg ( email )

L-1511 Luxembourg
Luxembourg

Vytautas Magnus University - Faculty of Law ( email )

K. Donelaičio g. 58
Kaunas, LT-44248
Lithuania

João Quintais (Contact Author)

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

HOME PAGE: http://https://www.ivir.nl/nl/medewerker/quintais/

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