Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union
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...
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| Format: | Article |
| Language: | English |
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Academy of Economic Studies of Moldova (AESM), Center for Studies in European Integration
2021-06-01
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| Series: | Eastern European Journal of Regional Studies |
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| Online Access: | https://csei.ase.md/journal/files/issue_71/EEJRS_Issue_71_26-43_SOR.pdf |
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| _version_ | 1849408086723264512 |
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| author | Nataliya SOROKA |
| author_facet | Nataliya SOROKA |
| author_sort | Nataliya SOROKA |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-c016149da0b84bd7a43f91112fc3530d |
| institution | Kabale University |
| issn | 2537-6179 1857-436X |
| language | English |
| publishDate | 2021-06-01 |
| publisher | Academy of Economic Studies of Moldova (AESM), Center for Studies in European Integration |
| record_format | Article |
| series | Eastern European Journal of Regional Studies |
| spelling | doaj-art-c016149da0b84bd7a43f91112fc3530d2025-08-20T03:35:51ZengAcademy of Economic Studies of Moldova (AESM), Center for Studies in European IntegrationEastern European Journal of Regional Studies2537-61791857-436X2021-06-01712643Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European UnionNataliya SOROKAExceptions 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.https://csei.ase.md/journal/files/issue_71/EEJRS_Issue_71_26-43_SOR.pdfcopyrightexceptions and limitationseuropean unioncourt of justicecaselaw |
| spellingShingle | Nataliya SOROKA Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union Eastern European Journal of Regional Studies copyright exceptions and limitations european union court of justice caselaw |
| title | Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union |
| title_full | Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union |
| title_fullStr | Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union |
| title_full_unstemmed | Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union |
| title_short | Exceptions and limitations to copyright and related rights in the light of the caselaw of the Court of Justice of the European Union |
| title_sort | exceptions and limitations to copyright and related rights in the light of the caselaw of the court of justice of the european union |
| topic | copyright exceptions and limitations european union court of justice caselaw |
| url | https://csei.ase.md/journal/files/issue_71/EEJRS_Issue_71_26-43_SOR.pdf |
| work_keys_str_mv | AT nataliyasoroka exceptionsandlimitationstocopyrightandrelatedrightsinthelightofthecaselawofthecourtofjusticeoftheeuropeanunion |