Moreover, it is important to note that intellectual property ( inter alia copyright) also has the status of fundamental rights under Art. 17(2) Charter of Fundamental Rights of the European Union, Art. 1 rst protocol to the ECHR and the case of Anheuser Busch v.
![]()
After describing the EU legislative framework, it offers a typology of the CJEUs case law, before moving onto the ECtHRs Ashby Donald judgment, in which the issue of balancing copyright and other fundamental rights was addressed. It follows that whereas the Copyright Directive and the CJEU do not seem to allow for an external role for fundamental rights, this exact role seems to be required by the ECtHR for certain types of cases. This difference is assessed in light of the relationship of the two courts, which is essentially characterised by a need to prevent divergence between them. It is argued that the pending preliminary questions can probably be answered using the internal system of the Copyright Directive, but that they clearly indicate the limitations and problems connected to the CJEUs current approach towards copyright and fundamental rights. At The Crossroads Scarlet Imprint Free Public FullAt The Crossroads Scarlet Imprint For Free Public FullDiscover the worlds research 17 million members 135 million publications 700k research projects Join for free Public Full-texts 2 The Court of Justice at the Crossroads. At The Crossroads Scarlet Imprint Pdf Content AvailableClarifying the Role for Fundamental Rights in the EU Copyright Fra mework.pdf Content available from CC BY 4.0: The Court of Justice at the Crossroads. Clarifying the Role for Fundamental Rights in the EU Copyright Framework.pdf The Court of Justice at the Crossroads: Clarifying the Role for Fundamental Rights in the EU Copyright Framework.pdf Content uploaded by Stijn van Deursen Author content All content in this area was uploaded by Stijn van Deursen on May 28, 2019 Content may be subject to copyright. The Court of Justice at the Crossroads: Clarifying the Role for Fundamental Rights in the EU Copyright Fra mework.pdf Content available from CC BY 4.0: The Court of Justice at the Crossroads. Clarifying the Role for Fundamental Rights in the EU Copyright Framework.pdf The Court of Justice at the Crossroads: Clarifying the Role for Fundamental Rights in the EU Copyright Framework.pdf Available via license: CC BY 4.0 Content may be subject to copyright. Thom Snijders Published online: 4 September 2018 The Author(s) 2018 Abstract In the EU, the complex relationship between copyright and fundamental rights is accommodated in inter alia the Copyright Directive, which uses an internal system of exhaustive exceptions and limitations to copyright. To sketch the context in which these questions have to be answered, this article explores the tension between copyright and fundamental rights in the EU legal order and identies the boundaries of the system of exhaustive exceptions and limitations. It follows that whereas the Copyright Directive and the CJEU do no t seem to allow for an external role for fundamental rights, this exact role seems to be required by the ECtHR for certain types of cases. This differ ence is assessed in light of the relationship of the two courts, which is essentially characterise d by a need to prevent divergence between them. It is argued that the pending preliminary ques- tions can probably be answered using the internal system of the Copyright Direc- tive, but that they clearly indicate the limitations and problems connected to the CJEUs current approach towards copyright and fundamental rights. Keywords Copyright Directive Exceptions and limitations Fundamental rights External balancing ECtHR CJEU S. In this way, copyright also has a stimulating effect on the availability of information and ideas. In the European Union, the relationship between copyright and fundamental rights is regulated by among others the Copyright Directive, which also features a system of exceptions and limitations to a copyright, and thereby incorporates the tension between the different interests involved in an internal balanci ng act. However, under this approach it remains unclear to what extent fundame ntal rights can still have an autonomous role, and it is argued that there are case s in which fundamental rights should outweigh the rights of a copyright holder, even though neither an exception nor a limitation is applicable. An exam ple of this can be found in last years preliminary questions of the German Federal Supreme Court, asking the Court of Justice of the European Union (CJEU) in essence to what extent freedom of information can, under the regime of the Copyright Directive, still serve as a direct limitation to the exclusive rights of the copyright holder, in addition to the exceptions and limitations provided for in the Directive. The same applies of course to other fundamental rights, such as the freedom of the press and the freedom of expression. The ndings of this article are therefore to a large extent also applicable to these rights. Charter of Fundamental Rights of the European Union, Art. ECHR and the case of Anheuser Busch v.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |