Research

Fine-tuning European copyright law to strike a balance between the rights of owners and users

Type: Journal Article
Author
Marcella Favale
Description
This journal article argues that the EU Information Society Directive of 2001 does not achieve harmonisation of copyright law across the EU, using an analysis of the treatment of technological protection measures to demonstrate that the directive has been implemented differently in each member state.
Date
2008 June 2
Abstract
The abstract provided by the author(s) of this work is as follows: Directive 2001/29 (the EU Copyright Directive) aims to repress copyright infringement in the digital environment through the harmonisation of copyright discipline and the safeguard of technological protection measures (TPMs). It claims that this harmonisation is instrumental to the protection of the exclusive rights of the owners while granting protection to the fundamental rights of the public, such as freedom of information and the circulation of culture. The contribution of this paper is twofold. First, by analysing the Directive’s national implementation in the 27 Member States of the European Union, it assesses the extent to which the Directive attained the intended harmonisation and whether this is effective to achieve the balance of rights. Secondly, after the identification of areas of dysfunction, the paper proposes an alternative strategy to reach a harmonisation able to strike a better balance between the rights of owners and users.
Publisher
Social Science Research Network
Journal Title
European Law Review
Volume
33
Issue Number
5
Pages (from-to)
687-708 pp.
ISSN
0307-5400
Jurisdiction
European Union
Language
ENG
Size
445 KB, 23 pp.
Copyright Information
In Copyright
Rights and Reuse
All Rights Reserved
Cortex Citation:
Marcella Favale, “Fine-tuning European copyright law to strike a balance between the rights of owners and users,” Copyright Cortex, accessed November 21, 2017, https://copyrightcortex.org/research/fine-tuning-european-copyright-law-to-strike-a-balance-between-the-rights-of-owners-users.