Full Description
This book explores the intricated evolution of flexibilities in copyright law, addressing some of the most pressing challenges the copyright balance has faced in the past decades. In the digital age, copyright law's role as a regulatory framework has grown, demanding even greater clarity and flexibility regarding access and use of protected works. EU harmonization efforts have added complexity by introducing detailed rules that impact on the copyright balance. This book goes beyond the existing EU copyright framework to critically analyze its current state of the art and make policy recommendations for the future. The concept of "copyright flexibilities" is examined from various angles, including rights definition, subject matter and scope of protection, copyright contracts, enforcement, exceptions and limitations, exhaustion, and the fair balance between copyright and fundamental rights. Instead of a fragmented approach, the collection takes a holistic view to copyright flexibilities, considering them as a multifaceted and intrinsic element of copyright law expressed through various mechanisms. Particular emphasis is put on technological, economic, cultural, and societal trends, which challenge established concepts in copyright policy. The book will be of interest to students and scholars in the field of copyright law in the EU and beyond.
Contents
Introduction 1. The Aims and Objectives of the European Union as Imperatives for more Flexibility in Copyright Law 2. Transforming Copyright Exceptions Into User Rights 3. Five years after. A critical re-evaluation of end-user flexibilities under the CDSM Directive 4. Article 3(3) InfoSoc Directive under the CJEU jurisprudence: the need for flexibility rather than a pre-emptive statement 5. The Dynamic Interpretation of Lending Right in VOB: a Precedent for Copyright Flexibilities? 6. Free Use-As-Free Labor: UGC Platforms' Data Capture Model 7. Originality as a fortress resisting technological evolution. Some comments inspired by the copyrightability of 3D digitization and printing 8. The nebulous notion of interoperability and its growing importance in EU copyright law 9. Flexibility Through Openness in Research Exceptions 10. Algorithmic propagation: How the data-platform regulatory framework may increase bias in content moderation 11. Fair Enforcement Procedures as a Means to Enhance Substantive Flexibility in Copyright Law 12. Article 17 of the CDSM Directive: the new route to publication for cover songs and remixes 13. Copyright Governance of Algorithms? Algorithmic transparency as a regulatory tool to ensure a fairer and more accountable copyright governance regime 14. Conceptualising the Right to Secondary Publication 15. Permitted but Paid: The Flexibilisation of Copyright Law through Statutory Remuneration Rights 16. Mind the (Accessibilities) Gap: Copyright Flexibilities and Media Regulation 17. What Should Pastiche Mean in a Copyright Context? 18. Internet memes as an element of free speech online 19. Towards Resilient Educational Systems in the EU - Proposal for an Operational Education Exception 20. Encouraging the Use of Copyright Flexibilities through Codes of Best Practices: A Deliberative Approach 21. A (flexible) call to arms to safeguard creative reuse 22. Territoriality as a Copyright Inflexibility? The Case of European Film Distribution 23. To opt-out or not to opt-out? Music as data to be mined: a music industry perspective
