The New Rules on Exception and Limitation to Copyright - Making the link between copyright reform and CJEU case law

This e-presentation provides a comprehensive assessment of the current state of the art of exceptions and limitations in EU copyright. It is structured in four parts. First, it provides an overview of exceptions before the CDSM Directive, summarizing the most relevant provisions and analyzing the interpretative questions solved, created and left behind by the Court of Justice in the field. Second, it comments on the strengths and pitfalls of the mandatory exceptions introduced by the CDSM Directive. Third, it sketches the effects of the CJEU trilogy of July 2019 (Funke Medien, Pelham and Spiegel Online), with particular regard to the interplay between copyright and fundamental rights and to the degree of discretion left to Member States and courts in determining the scope of exceptions and limitations. Last, it focuses on some expected issues in the national implementation of the CDSM Directive exceptions.