The Impact of Fundamental Rights on European Copyright Law – Opinion on the CJEU Decisions C-516/17 'Spiegel Online' and C-469/17 'Funke Medien'
First published in: GRUR Int. 2019, 1153 – 1160
22 Pages Posted: 28 Dec 2020
Date Written: October 31, 2019
The CJEU’s decisions Spiegel Online and Funke Medien deal with the relationship between copyright law and the law of fundamental rights. The crucial question in both cases was in particular if exceptions and limitations beyond Art. 5 InfoSoc Directive can be justified by fundamental rights. This Opinion sheds light on the overarching background of both decisions, different methodological opportunities and – of course – the CJEU’s decisions. It identifies a lack of flexibility in European copyright law and discusses possible ways forward.
Keywords: Copyright law, CJEU, Spiegel Online, Funke Medien, Pelham, fundamental rights, human rights, misuse, abuse, dysfunctional, exceptions and limitations, external limitations, InfoSoc Directive, flexibility, fair use, balance of interests
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