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Flexibilities in Copyright Law

Edited by: Caterina Sganga, Tatiana Eleni Synodinou

ISBN13: 9781032720845
To be Published: March 2026
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £230.00





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.

Subjects:
Intellectual Property Law
Contents:
Introduction
Caterina Sganga and Tatiana Synodinou

Part 1 - Copyright law exceptions, limitations and limits: in progress or in danger?
1. The Aims and Objectives of the European Union as Imperatives for more Flexibility in Copyright Law
Bernd Justin Jütte
2. Transforming Copyright Exceptions Into User Rights
Martin Senftleben
3. Five years after. A critical re-evaluation of end-user flexibilities under the CDSM Directive
Peter Mezei

Part 2 - Towards more flexible rights, fixed concepts or new horizons?
4. Article 3(3) InfoSoc Directive under the CJEU jurisprudence: the need for flexibility rather than a pre-emptive statement
Liliia Oprysk
5. The Dynamic Interpretation of Lending Right in VOB: a Precedent for Copyright Flexibilities?
Matteo Frigeri

Part 3 - New paradigms for copyright flexibilities
6. Free Use-As-Free Labor: UGC Platforms’ Data Capture Model
Leo Pascault
7. Originality as a fortress resisting technological evolution. Some comments inspired by the copyrightability of 3D digitization and printing
Cristiana Sappa
8. The nebulous notion of interoperability and its growing importance in EU copyright law
Philippe Jougleux
9. Flexibility Through Openness in Research Exceptions
Sean M. Fiil-Flynn

Part 4 - Copyright flexibilities and the role of platforms
10. Algorithmic propagation: How the data-platform regulatory framework may increase bias in content moderation
Thomas Margoni, João Pedro Quintais and Sebastian Felix Schwemer
11. Fair Enforcement Procedures as a Means to Enhance Substantive Flexibility in Copyright Law
Orit Fischman-Afori
12. Article 17 of the CDSM Directive: the new route to publication for cover songs and remixes
Giorgos D. Vrakas
13. Copyright Governance of Algorithms? Algorithmic transparency as a regulatory tool to ensure a fairer and more accountable copyright governance regime
Aline Iramina

Part 5 - Copyright exceptions and limitations: the evolution of the EU acquis
14. Conceptualising the Right to Secondary Publication
Ana Lazarova
15. Permitted but Paid: The Flexibilisation of Copyright Law through Statutory Remuneration Rights
Philipp Homar
16. Mind the (Accessibilities) Gap: Copyright Flexibilities and Media Regulation
Abigail Rekas
17. What Should Pastiche Mean in a Copyright Context?
Martin Taimr
18. Internet memes as an element of free speech online
Matija Damjan
19. Towards Resilient Educational Systems in the EU – Proposal for an Operational Education Exception
Branka Marusic

Part 6 - Creativity between copyright flexibilities and contract
20. Encouraging the Use of Copyright Flexibilities through Codes of Best Practices: A Deliberative Approach
Bartolomeo Meletti and Stef Van Gompel
21. A (flexible) call to arms to safeguard creative reuse
Georgia Jenkins
22. Territoriality as a Copyright Inflexibility? The Case of European Film Distribution
Pavel Zahrádka, Rudolf Leška
23. To opt-out or not to opt-out? Music as data to be mined: a music industry perspective
Rachael Drury