On the wax or wane? The influence of fundamental rights in shaping exceptions and limitations

Jacques, Sabine ORCID: https://orcid.org/0000-0001-7708-4407 (2021) On the wax or wane? The influence of fundamental rights in shaping exceptions and limitations. In: The Routledge Handbook of EU Copyright Law. Routledge, pp. 281-298. ISBN 9780367436964

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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 specifc 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, difculties lie ahead at domestic level. This chapter analyzes the infuence of fundamental rights in shaping the scope of copyright exceptions to contribute to EU harmonization.

Item Type:	Book Section
Uncontrolled Keywords:	social sciences(all),sdg 16 - peace, justice and strong institutions ,/dk/atira/pure/subjectarea/asjc/3300
Faculty \ School:	Faculty of Social Sciences > School of Law
UEA Research Groups:	Faculty of Social Sciences > Research Groups > Competition, Markets and Regulation Faculty of Social Sciences > Research Groups > Media, Information Technology and Intellectual Property Law Faculty of Social Sciences > Research Centres > Centre for Competition Policy
Related URLs:	http://www.scopus.com/inward/record.url?...
Depositing User:	LivePure Connector
Date Deposited:	23 Jul 2020 23:57
Last Modified:	21 Apr 2023 01:47
URI:	https://ueaeprints.uea.ac.uk/id/eprint/76267
DOI:	10.4324/9781003156277-18

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