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Cover European Intellectual Property Law

13. Copyright and Related Rights Exceptions and Limitations  

Justine Pila and Paul L.C. Torremans

This chapter concludes the discussion of European copyright and related rights law by considering the exceptions and limitations permitted (and potentially, required) by Article 5(2) to (4) of the Information Society Directive. A central theme is the increasing challenge being presented to domestic law- and decision-making by the EU law of fundamental rights, including the growing body of EU case law regarding the implications of the Charter of Fundamental Rights and Freedoms of the European Union for the scope and enforcement of copyright and related rights and the coherence and consistency of the emerging jurisprudence in this area.