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Citation[]

Francisco Javier Cabrera Blázquez, Maja Cappello, Gilles Fontaine & Sophie Valais, Exceptions and Limitations to Copyright (European Audiovisual Observatory 2017) (full-text).

Overview[]

This publication aims at providing a general overview of the rationale and the evolution of the exceptions and limitations to copyright (chapter 1) in the numerous international treaties and European directives devoted to this topic (chapter 2), and in the consequent ratifications and implementations at national level (chapter 3). Particular attention is given to the challenges deriving from the digital revolution, such as the adaptations of the rules concerning temporary acts of reproduction, private copying and exceptions for cultural heritage institutions to the online context.

At the same time, this is an area where the initiatives from the industry have been particularly welcomed at EU level (chapter 4). This has been the case in the field of out-of-commerce works or of accessible copies for people with disabilities. The increasing use of so-called copyleft licenses, such as open-source software or creative commons licenses, also bears witness to the inventiveness of private actions.

As is the case when interests of a different nature have to be balanced against each other, judicial case law has been very significant also in the domain of copyright exceptions (chapter 5). Considering the harmonised nature of these rules, the report focuses on EU jurisprudence, which has been an important source of inspiration both for national courts and legislators.

This publication concludes with an overview of the state of play of EU legislation under the Digital Single Market Strategy (chapter 6). The most recent iniatives under the so-called copyright package are explored — text and data mining, cross-border uses in the field of education, the preservation of cultural heritage and accessible formats for people with disabilities. An insight is also given into pending issues, such as e-lending, panorama exception and private copying, which remain to be dealt with by future legislative actions.