Limitations and Exceptions as Key Elements of the Legal Framework for Copyright in the European Union: Opinion on the Judgment of the CJEU inCase C-201/13 Deckmyn: European Copyright Society

摘要

In this Opinion, the European Copyright Society (ECS) puts on record its views on the issues raised by the judgment of the Court of Justice of the European Union (CJEU) in Deckmyn (C-201/13), which departs from the doctrine of strict interpretation of exceptions and limitations in cases in which fundamental rights such as freedom of expression are involved. The Opinion welcomes this development for the following reasons: first, because of the importance of exceptions and limitations in facilitating creativity and securing a fair balance between the protection of and access to copyright works; secondly, because of the Court's determination to secure a harmonised interpretation of the meaning of exceptions and limitations; thirdly, because of the Court s adoption of an approach to the interpretation of exceptions and limitations which promotes their effectiveness and purpose; and, finally, because of the CJEU's recognition of the role of fundamental rights in the copyright system: in particular, its recognition that the parodic use of works is justified by the right to freedom of expression. At the same time, the ECS recommends caution in constraining the scope of exceptions and limitations in a manner that may go beyond what might be considered necessary in a democratic society.