In the Monsters of Law series we ask academics and practitioners of law how the intersections of technology and law shape our everyday life. They answer with examples and perspectives that help us navigate the interesting times of technological transformation, both practically and from the policy perspective.
Copyright exceptions have been partially harmonised at the EU level. But are Member States transposing them correctly? The new Copyright in the Digital Single Market Directive will impose the adoption of new exceptions. What freedom do Member States enjoy in shaping national rules?
Despite harmonisation efforts in relation to specific types or works and horizontally through the Information Society Directive, approaches at the national level have resulted in exceptions with varying scope across the EU. One example are exceptions that are limited to non-commercial uses, which lacks a corresponding limitation at the EU level. Are these national approaches to the implementation of EU directives legal? Despite the ‘fairy tale’ of the inherent flexibility of the EU copyright system, the answer appears to be in the negative. Through selected examples, this talk will explore the implications of questionable national transpositions and highlight what lessons, if any, can be learned to improve copyright law-making in Europe.
An Italian-qualified lawyer (avvocato) with experience in the area of copyright, trademarks, fashion and internet laws. An associate professor in intellectual property (IP) law at the University of Southampton, an Editor of the Journal of Intellectual Property Law & Practice (Oxford University Press), an IP Kat and a Door Tenant at specialist IP set 8 New Square in London.
The Monsters of Law is organized by the Free Knowledge Advocacy Group EU, a group of Wikimedians who promote free access to, and re-use of, human knowledge. We take a stance on legislation on open access, copyright, and other major legislative and political changes affecting the vision, mission and values of the Wikimedia movement.