On the Wax or Wane? the Influence of Fundamental Rights in Shaping Exceptions and Limitations

Routledge Handbook of EU Copyright Law 2021

20 Pages Posted: 8 Nov 2022

See all articles by Sabine Jacques

Sabine Jacques

University of Liverpool, School of Law & Social Justice, Students

Date Written: 2021

Abstract

The relationship between copyright (permitting copyright owners to control the uses made of their protected works) and others’ fundamental rights (which might require the unauthorized use of protected works) has never been easy to grasp. Initially, legislators relied upon mechanisms internal to copyright law, such as the idea/expression dichotomy, and specific exceptions and limitations to strike a balance between the two. But, increasingly, fundamental rights are pertinent to shaping copyright’s paradigm. Despite a strong will to uphold fundamental freedoms, difficulties lie ahead at domestic level. This chapter analyzes the influence of fundamental rights in shaping the scope of copyright exceptions to contribute to EU harmonization.

Keywords: EU copyright, parody, satire, fair dealing, content moderation, fundamental rights

Suggested Citation

Jacques, Sabine, On the Wax or Wane? the Influence of Fundamental Rights in Shaping Exceptions and Limitations ( 2021). Routledge Handbook of EU Copyright Law 2021, Available at SSRN: https://ssrn.com/abstract=4253081 or http://dx.doi.org/10.2139/ssrn.4253081

Sabine Jacques (Contact Author)

University of Liverpool, School of Law & Social Justice, Students ( email )

Liverpool
United Kingdom

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