Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
Chapter 4: Taking power tools to the acquis – the Court of Justice, the Charter of Fundamental Rights and European Union copyright law
Copyright law is only partially harmonised in the European Union. Over the last few years, however, the Court of Justice has begun to develop a more fully articulated body of copyright rules. In doing so, it has increasingly been guided by the apparent requirements of the Charter of Fundamental Rights, a development described by some as ‘constitutionalisation’. This chapter sketches this process and considers how far it might be carried. Could it lead to (i) a more fully harmonised set of exceptions and limitations at Union level or (ii) the recognition of additional rights for authors and other right-holders?
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