Keyword: limitations

“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions external link

Zeybek, B.
Kluwer Copyright Blog, 2018

Abstract

The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.

Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations

Bibtex

Article{Zeybek2018, title = {“Reformist Departure”: Questions Referred by the Bundesgerichtshof to the CJEU on the Reporting of Current Events and Quotation Exceptions}, author = {Zeybek, B.}, url = {http://copyrightblog.kluweriplaw.com/2018/02/12/reformist-departure-questions-referred-bundesgerichtshof-cjeu-reporting-current-events-quotation-exceptions/}, year = {0213}, date = {2018-02-13}, journal = {Kluwer Copyright Blog}, abstract = {The exceptions for reporting of current events and quotation facilitate the functioning of the media. On 27 July 2017, the Bundesgerichtshof (BGH) submitted several questions to the Court of Justice of the EU (CJEU or Court) on the balance between copyright exceptions and the fundamental freedoms of information and the media, as well as the exceptions for quotation and reporting of current events. In answering these questions, the CJEU may well shed light on the open-ended drafting of these exceptions.}, keywords = {Auteursrecht, case law, CJEU, European Union, frontpage, Germany, infringement, limitations}, }

Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law external link

Quintais, J.
AMI, vol. 2017, num: 6, pp: 197-205, 2018

Abstract

The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.

Copyright, EU, exploitation, frontpage, limitations

Bibtex

Article{Quintais2018, title = {Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law}, author = {Quintais, J.}, url = {https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf}, year = {2018}, date = {2018-01-11}, journal = {AMI}, volume = {2017}, number = {6}, pages = {197-205}, abstract = {The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.}, keywords = {Copyright, EU, exploitation, frontpage, limitations}, }