Exceptions and limitations in the EU copyright system: From ‘derogations’ to ‘user rights’

Abstract

Abstract Chapter 6 considers exceptions and limitations under the InfoSoc Directive and DSM Directive. The attention focuses on three areas in particular—parody, quotation, and private copying—in order to outline how the application of certain key standards—notably: (i) 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; (ii) strict interpretation of exceptions and limitations but also; (iii) effectiveness of exceptions and limitations and; (iv) achieving a fair balance in the protection of contrasting rights in light of the mandate of the EU Charter—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 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, as well as the qualification of exceptions and limitations as ‘rights’ of users and the (im)possibility for individual Member States to exceed the closed catalogue under EU law.