This book explores the intricated evolution of flexibilities in copyright law, addressing some of the most pressing challenges the copyright balance has faced in the past decades. In the digital age, copyright law's role as a regulatory framework has grown, demanding even greater clarity and flexibility regarding access and use of protected works. EU harmonization efforts have added complexity by introducing detailed rules that impact on the copyright balance. This book goes beyond the existing EU copyright framework to critically analyze its current state of the art and make policy recommendations for the future. The concept of "copyright flexibilities" is examined from various angles, including rights definition, subject matter and scope of protection, copyright contracts, enforcement, exceptions and limitations, exhaustion, and the fair balance between copyright and fundamental rights. Instead of a fragmented approach, the collection takes a holistic view to copyright flexibilities, considering them as a multifaceted and intrinsic element of copyright law expressed through various mechanisms. Particular emphasis is put on technological, economic, cultural, and societal trends, which challenge established concepts in copyright policy. The book will be of interest to students and scholars in the field of copyright law in the EU and beyond.
This book explores the intricated evolution of flexibilities in copyright law, addressing some of the most pressing challenges the copyright balance has faced in the past decades.
Introduction
1. The Aims and Objectives of the European Union as
Imperatives for more Flexibility in Copyright Law
2. Transforming Copyright
Exceptions Into User Rights
3. Five years after. A critical re-evaluation of
end-user flexibilities under the CDSM Directive
4. Article 3(3) InfoSoc
Directive under the CJEU jurisprudence: the need for flexibility rather than
a pre-emptive statement
5. The Dynamic Interpretation of Lending Right in
VOB: a Precedent for Copyright Flexibilities?
6. Free Use-As-Free Labor: UGC
Platforms Data Capture Model
7. Originality as a fortress resisting
technological evolution. Some comments inspired by the copyrightability of 3D
digitization and printing
8. The nebulous notion of interoperability and its
growing importance in EU copyright law
9. Flexibility Through Openness in
Research Exceptions
10. Algorithmic propagation: How the data-platform
regulatory framework may increase bias in content moderation
11. Fair
Enforcement Procedures as a Means to Enhance Substantive Flexibility in
Copyright Law
12. Article 17 of the CDSM Directive: the new route to
publication for cover songs and remixes
13. Copyright Governance of
Algorithms? Algorithmic transparency as a regulatory tool to ensure a fairer
and more accountable copyright governance regime
14. Conceptualising the
Right to Secondary Publication
15. Permitted but Paid: The Flexibilisation of
Copyright Law through Statutory Remuneration Rights
16. Mind the
(Accessibilities) Gap: Copyright Flexibilities and Media Regulation
17. What
Should Pastiche Mean in a Copyright Context?
18. Internet memes as an element
of free speech online
19. Towards Resilient Educational Systems in the EU
Proposal for an Operational Education Exception
20. Encouraging the Use of
Copyright Flexibilities through Codes of Best Practices: A Deliberative
Approach
21. A (flexible) call to arms to safeguard creative reuse
22.
Territoriality as a Copyright Inflexibility? The Case of European Film
Distribution
23. To opt-out or not to opt-out? Music as data to be mined: a
music industry perspective
Caterina Sganga is Full Professor of Comparative Private Law at Scuola Superiore SantAnna (Pisa, Italy). She is a member of the European Copyright Society, past President of the European Policy for Intellectual Property Association (EPIP, 2024-2025), and its Board Member since 2022, and a fellow of the European Law Institute. Her main research areas are European copyright law, IP and new technologies, the balance between IP and fundamental/human rights, and the law and economics of cultural and creative industries. Her recent research works also cover the regulation of data ownership and governance, with a focus on non-personal data, and Open Science law and policies.
Tatiana Eleni Synodinou is Professor of Private and Commercial Law at the Law Department of the University of Cyprus. Her main research areas are European Copyright law, European Internet Law, digital copyright law, digital platform regulation, and property law. She is currently the Holder of the Jean Monnet Chair DIGI (Jean Monnet Centre of Excellence DIGIU - Digital Platforms: Under the Scope of the New Era in Digital Services). She is a founding member and President of the Union of Copyright Law of Cyprus (EDPI), which is the Cypriot affiliate of the International Literary and Artistic Association (ALAI). She is a member of the European Copyright Society. Since November 2022, she has been the Vice Rector for Academic Affairs of the University of Cyprus.
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