Principles of Implementation, Interpretation and Application of Exceptions and Limitations in EU Copyright Framework
| Autoři | |
|---|---|
| Rok publikování | 2018 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Přiložené soubory | |
| Popis | The regulation of exceptions and limitations to exclusive rights in the Information Society directive primarily aims to achieve the balance between the rights and interests of respective rightholders and users (recital 31 Information Society directive). Furthermore, the regulation in the Information Society directive also strives to achieve the balance “between the different legal traditions in Member States and the proper functioning of the internal market" (recital 32 Information Society directive). This provision has been already subject to various preliminary references to the Court of Justice of the European Union. By analysing the relevant case law, this paper aims to extract the principles of interpretation and application of the limits of exclusive rights. Specifically, it will focus on answering the question what are the limits of the Member states in implementing the Art. 5 of the Information Society directive. Inter alia, it will identify, to what extent are the Member States free to determine, how the implementation might be construed, interpreted and applied. Also, it would try to answer the question, whether the Member States might limit the exclusive rights also in other cases than foreseen in the Art. 5 of the Information Society Directive. |
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