Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union
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SOROKA, Nataliya. Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union. In: Eastern European Journal for Regional Studies (EEJRS), 2021, nr. 1(7), pp. 26-43. ISSN 1857-436X. DOI: https://doi.org/10.53486/2537-6179.7-1.02
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Eastern European Journal for Regional Studies (EEJRS)
Numărul 1(7) / 2021 / ISSN 1857-436X /ISSNe 2537-6179

Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union

DOI:https://doi.org/10.53486/2537-6179.7-1.02
CZU: 347.78:341.645(4)
JEL: O30, O39, K38

Pag. 26-43

Soroka Nataliya
 
Ivan Franko National University of Lviv
 
 
 
Disponibil în IBN: 9 iulie 2021


Rezumat

Exceptions and limitations are an integral part of any effective copyright systems, they play a crucial role in striking a fair balance between the interests of the creators and rightholders, on the one hand, and those of the users of the protected works, on the other. The exceptions and limitations serve to secure such fundamental values as freedom of expression and information, freedom of art, science, research and education. Since the exceptions and limitations are not fully harmonised in the European Union, the lack of legal certainty is being cured by the caselaw of the Court of Justice. The role of the Court preliminary rulings in interpreting the relevant legal provisions and providing clarifications as to their application cannot be overemphasised. Moreover, in recent cases the Court of Justice considered the exceptions and limitations to copyright in the light of the European Convention on Human Rights and the settled caselaw of the European Court of Human Rights. Therefore, it is an opportunity for us to observe the growing attention of the Court of Justice to the human rights and fundamental freedoms protected by the European Convention.

Cuvinte-cheie
copyright, exceptions and limitations, European Union, court of justice, caselaw