Research Handbook on the Future of EU Copyright
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Research Handbook on the Future of EU Copyright

  • Research Handbooks in Intellectual Property series

Edited by Estelle Derclaye

It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law.
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Chapter 3: Subject Matter

Tanya Aplin


2 Copyright’s fundamental rights dimension at EU level Christophe Geiger Fundamental rights have always played an important role in the European legal order and their role is permanently increasing. A new and important step has been made recently in this regard by the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 2007.1 In fact, this treaty gives the Charter of Fundamental Rights a legally binding force and integrates this text in the primary legislation of the European Union (EU).2 This has been clearly stated in the amended version of Article 6(1), holding that ‘the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted in Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties’. Furthermore, according to the new version of Article 6(2), the Union will accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms, an accession that has so far been impossible due to a problem of competence of the Community.3 This will without any OJEU, 17 December 2007, 2007/C 306/01. For a first (critical) comment of this Treaty from a UK perspective see S. Burns, ‘An Incoming Tide’, 158 NLJ 44 (2008); for a comment in German, see A. Weber, ‘Vom Verfassungsvertrag zum Vertrag von Lissabon’, 2008 EuZW 7. 2 Nevertheless, it must be pointed...

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