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Copyright and the Court of Justice of the European Union$
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Eleonora Rosati

Print publication date: 2019

Print ISBN-13: 9780198837176

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198837176.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2021

The Construction of Exceptions and Limitations in the InfoSoc Directive

The Construction of Exceptions and Limitations in the InfoSoc Directive

Chapter:
(p.128) 5 The Construction of Exceptions and Limitations in the InfoSoc Directive
Source:
Copyright and the Court of Justice of the European Union
Author(s):

Eleonora Rosati

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198837176.003.0006

The analysis moves on to consider exceptions and limitations under the InfoSoc Directive. In particular, attention focuses on three areas—parody, quotation, and private copying—which serve to outline how the application of certain key standards, notably (1) the one according to which concepts in EU directives that make no reference to the laws of individual EU Member States should be intended as autonomous concepts of EU law that must be given uniform application throughout the EU, (2) strict interpretation of exceptions and limitations, but also (3) effectiveness of exceptions and limitations and (4) achieving a fair balance in the protection of contrasting rights, have allowed the creation of an EU system of exceptions and limitations. In this sense, the role of the Court has been pivotal in strengthening, at least in part, the admittedly weak harmonizing force of the InfoSoc Directive. This chapter also discusses the nature and function of the three-step test as found in Article 5(5) of that directive.

Keywords:   autonomous concepts of EU law, effectiveness fair balance, exceptions and limitations, InfoSoc Directive, parody, private copying, quotation, strict interpretation of exceptions and limitations, three-step test

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