Librería Portfolio

Adopts a holistic approach to the diverse body of defences available within copyright law through a systematic analysis and original classification.
Develops a coherent theoretical and doctrinal framework for copyright defences as an internal and autonomous concept of copyright law
Discusses copyright defences in light of the unique challenges of the information society and the recent uncertainty surrounding the fourth industrial revolution, including mass digitisation and artificial intelligence, offering an analysis of copyright defences in the wider context of the ´law and technology´ debate
Offers concrete policy recommendations on how to develop copyright exceptions and limitations in a way that enhances creativity and innovation, and in line with the objectives and principles of copyright law and EU harmonization
Draws insights from a wide range of sources, including recent legislative and judicial developments and making references to an extensive set of cases and materials from EU Member States



Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used and re-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability by attacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EU copyright, it invites an examination of defensive rules as an organic whole.

This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights from an extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.



Table of Contents

1:Introduction
A. Denials of the elements of infringement
2:Subsistence negating claims
3:Scope limitations
4:Transient and incidental copying
5:Implicitly authorized uses
B. Rationale-based defences to infringement
6:Speech entitlements
7:Public policy privileges
8:Remunerated exceptions
9:External defences
10:Conclusion