Copyright in the EU: in search of (in)flexibilities

Rosati, Eleonora

doi:10.1093/jiplp/jpu034

Cited by 20 publications

(2 citation statements)

References 1 publication

(1 reference statement)

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“…The InfoSoc Directive does not expressly entail provisions on an adaptation right or a free use doctrine, let alone a right to remix or sample. At the same time, it is commonly understood that exclusive rights are fully harmonized on a European level 15 and that the list of possible limitations and exceptions is exhaustive 16 .…”

Section: A Relevance Of Eu Fundamental Rightsmentioning

confidence: 99%

A human right to sample—will the CJEU dance to the BGH-beat?

Jütte¹,

Maier²

2017

Journal of Intellectual Property Law &Amp; Practice

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Section: A Relevance Of Eu Fundamental Rightsmentioning

confidence: 99%

A human right to sample—will the CJEU dance to the BGH-beat?

Jütte¹,

Maier²

2017

Journal of Intellectual Property Law &Amp; Practice

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“…176 The EU pre-emption doctrine is also relevant to EU copyright law. 177 The basis for a comprehensive unifying copyright Regulation would be Article 118 TFEU. 178 This statutory basis and the ensuing application of pre-emption leaves the extent of the actual harmonisation to judicial interpretation by the national courts first and, finally and decisively, to the CJEU.…”

Section: Exceptions and Limitationsmentioning

confidence: 99%

European Copyright Inside or Outside the European Union: Pluralism of Copyright Laws and the “Herderian Paradox”

Rahmatian

2016

IIC

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A newer and more topical discussion by M. Hesselink, 'The case for a common European sales law in an age of rising nationalism', (2012) 8(3) European Review of Contract Law, 342-366. These authors discuss European private (contract) law, but similar problems appear in relation to European intellectual property law. social events, a movement towards further harmonisation (also in copyright law) could even be detrimental to the European cause. The European Union is currently in a profound crisis. The weakening of the European idea and its values started especially with the rescuing of the banks in the financial crisis of 2009-10 which was mostly implemented through the states taking on large public debts funded by taxpayer's money, and this created sovereign debt was then collectivised in the ESFS and ESM devices. 6 That situation was used to justify economic austerity measures, and Greece in particular was forced to agree to an extended policy of austerity 7 in long bail-out negotiations with EU representatives on 13 July 2015, 8 a course of action which was widely seen as undemocratic and potentially humiliating to a Member State of the EU. 9 Since Germany had a leading role in these negotiations and the method of conduct, perhaps to divert from its then negative image 10 in summer 2015, it invited, initially unrestrictedly, a large number of refugees from the war-torn Middle East. 11 Now Germany and the EU send refugees and migrants back, assisted by an agreement with Turkey. 12 German and EU representatives complain about the lack of solidarity among Member States in the refugee crisis. 13 But the lack of solidarity among Member States cannot come as a surprise with a supranational entity that is completely and almost exclusively grounded on free market competition, 14 the exact opposite of solidarity. The competition in relation to ever lower corporation tax rates and advantageous tax deals 6 See e.g. in more detail as to the technicalities, Ch.

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Digital Rights and Jurisdiction: The European Approach to Online Defamation and IPRs Infringements

Feraci

2019

Use and Misuse of New Technologies

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the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

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Copyright in the EU: in search of (in)flexibilities

Cited by 20 publications

References 1 publication

A human right to sample—will the CJEU dance to the BGH-beat?

A human right to sample—will the CJEU dance to the BGH-beat?

European Copyright Inside or Outside the European Union: Pluralism of Copyright Laws and the “Herderian Paradox”

Digital Rights and Jurisdiction: The European Approach to Online Defamation and IPRs Infringements

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