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A Commentary


This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
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Nadine Klass, Hajo Rupp and Julia Wildgans


Even though the European Union (EU) is characterised by linguistic and also cultural diversity, Europeans also share a large common cultural heritage. ‘Culture’, as a term or concept, is recognised as very hard to define. It is a sphere of intellectual expression and comprises not only material culture, but also values, ideas and beliefs. Culture, thus, also has a non-material, intangible and communicative dimension. Culture as a root for European cultural heritage legislation and policy regarding digitisation can be broken down into art, including works of literature, music or architecture, science and education. As such, it plays an essential role in human development. Cultural heritage is a valuable asset in the knowledge-based world, an important resource for the European culture industry and a catalyst for creativity, as well as an important driver of growth and the creation of jobs. Supporting and promoting culture serves as a signal for prosperity and economic competence leading to further investments and international cooperation. Therefore, it is not surprising that the European Commission has emphasised already in its ‘European agenda for culture in a globalizing world’, which was adopted in 2007, that ‘creative entrepreneurship and a vibrant cultural industry are a unique source of innovation for the future’, and that ‘culture is an indispensable feature to achieve the EU’s strategic objectives of prosperity, solidarity and security, while ensuring a stronger presence in the international scene’.

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