Chapter 3: Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society
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This chapter critically analyses the Information Society Directive 2001/29 and its impact on EU digital copyright law. The scope, the objectives and the harmonization effect of the Directive are discussed. The analysis focuses on the economic rights being harmonized (right of reproduction, communication to the public, and distribution right), the Directive's approach on copyright exceptions and limitations, the role and the effect of the three-step test, the protection of technological protection measures and their interplay with copyright exceptions, the obligations concerning rights management information, and the injunctions against intermediaries for the termination or the prevention of copyright infringements committed by third parties. Emphasis is placed on the CJEU's interpretation of the Directive's provisions during the 21 years of the Directive's application, while insights are also provided into the CJEU's role in shaping the key notions of the Directive.

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