Economics at your fingertips  

Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union

Nataliya Soroka

Eastern European Journal for Regional Studies (EEJRS), 2021, vol. 7, issue 1, 26-43

Abstract: Exceptions and limitations are an integral part of any effective copyright systems, they play a crucial role in striking a fair balance between the interests of the creators and rightholders, on the one hand, and those of the users of the protected works, on the other. The exceptions and limitations serve to secure such fundamental values as freedom of expression and information, freedom of art, science, research and education. Since the exceptions and limitations are not fully harmonised in the European Union, the lack of legal certainty is being cured by the caselaw of the Court of Justice. The role of the Court preliminary rulings in interpreting the relevant legal provisions and providing clarifications as to their application cannot be overemphasised. Moreover, in recent cases the Court of Justice considered the exceptions and limitations to copyright in the light of the European Convention on Human Rights and the settled caselaw of the European Court of Human Rights. Therefore, it is an opportunity for us to observe the growing attention of the Court of Justice to the human rights and fundamental freedoms protected by the European Convention.

Keywords: copyright; exceptions and limitations; European Union; Court of Justice; caselaw. (search for similar items in EconPapers)
JEL-codes: K38 O30 O39 (search for similar items in EconPapers)
Date: 2021
References: View complete reference list from CitEc
Citations: Track citations by RSS feed

Downloads: (external link) (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link:

DOI: 10.53486/2537-6179.7-1.02

Access Statistics for this article

Eastern European Journal for Regional Studies (EEJRS) is currently edited by Olesea SIRBU

More articles in Eastern European Journal for Regional Studies (EEJRS) from Center for Studies in European Integration (CSEI), Academy of Economic Studies of Moldova (ASEM) Contact information at EDIRC.
Bibliographic data for series maintained by Dr. Rodica CRUDU ().

Page updated 2021-10-01
Handle: RePEc:aem:journl:v:7:y:2021:i:1:p:26-43