Autorentext

Caterina Sganga is Full Professor of Comparative Private Law at Scuola Superiore Sant'Anna (Pisa, Italy). She is 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 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 cover also the regulation of data ownership and governance, with a focus on non-personal data, and Open Science law and policies.

Tatiana Eleni Synodinou is a 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, 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 founding member and President of the Union of Copyright Law of Cyprus (EDPI), that is the Cypriot affiliate of International Literary and Artistic Association (ALAI). She is member of the European Copyright Society. Since November 2022 she is the Vice Rector for Academic Affairs of the University of Cyprus.

Klappentext

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.

Inhalt

Introduction **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 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 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