Flexibilities in Copyright Law

Introduction

Caterina Sganga and Tatiana Eleni Synodinou

Part 1 - Copyright law exceptions, limitations and limits: in progress or in danger?    

1.     The Aims and Objectives of the European Union as Imperatives for more Flexibility in Copyright Law

Bernd Justin Jütte

2.     Transforming Copyright Exceptions Into User Rights

Martin Senftleben

3.     Five years after: A critical re-evaluation of end-user flexibilities under the CDSM Directive

Peter Mezei

Part 2 - Towards more flexible rights, fixed concepts or new horizons?

4. Article 3(3) InfoSoc Directive under the CJEU jurisprudence: the need for flexibility rather than a pre-emptive statement

Liliia Oprysk

5. The Dynamic Interpretation of Lending Right in VOB: a Precedent for Copyright Flexibilities?

Matteo Frigeri

Part 3 - New paradigms for copyright flexibilities

6. Free Use-As-Free Labor: UGC Platforms’ Data Capture Model

Leo Pascault

7. Originality as a fortress resisting technological evolution, some comments inspired by the copyrightability of 3D digitization and printing

Cristiana Sappa

8. The nebulous notion of interoperability and its growing importance in EU copyright law

Philippe Jougleux

9. Flexibility Through Openness in Research Exceptions

Sean M. Fiil-Flynn

Part 4 - Copyright flexibilities and the role of platforms

10. Algorithmic propagation: How the data-platform regulatory framework may increase bias in content moderation

Thomas Margoni, João Pedro Quintais and Sebastian Felix Schwemer

11. Fair Enforcement Procedures as a Means to Enhance Substantive Flexibility in Copyright Law

Orit Fischman-Afori

12. Article 17 of the CDSM Directive: the new route to publication for cover songs and remixes

Giorgos D. Vrakas

13. Copyright Governance of Algorithms? Algorithmic transparency as a regulatory tool to ensure a fairer and more accountable copyright governance regime

Aline Iramina

Part 5 - Copyright exceptions and limitations: the evolution of the EU acquis

14. Conceptualising the Right to Secondary Publication

Ana Lazarova

15. Permitted but Paid: The Flexibilisation of Copyright Law through Statutory Remuneration Rights

Philipp Homar

16. Mind the (Accessibilities) Gap: Copyright Flexibilities and Media Regulation

Abigail Rekas

17. What Should Pastiche Mean in a Copyright Context?

Martin Taimr

18. Internet memes as an element of free speech online

Matija Damjan

19. Towards Resilient Educational Systems in the EU: Proposal for an Operational Education Exception

Branka Marusic

Part 6 - Creativity between copyright flexibilities and contract

20. Encouraging the Use of Copyright Flexibilities through Codes of Best Practices: A Deliberative Approach

Bartolomeo Meletti and Stef Van Gompel

21. A (flexible) call to arms to safeguard creative reuse

Georgia Jenkins

22. Territoriality as a Copyright Inflexibility? The Case of European Film Distribution

Pavel Zahrádka, Rudolf Leška

23. To opt-out or not to opt-out? Music as data to be mined: a music industry perspective

Rachael Drury

Biography

Caterina Sganga is Full Professor of Comparative Private Law at Scuola Superiore Sant’Anna (Pisa, Italy). She is a  member of the European Copyright Society, past President of the European Policy for Intellectual Property Association (EPIP, 2024-2025), and its Board Member since 2022, and a fellow of the European Law Institute. Her main research areas are European copyright law, IP and new technologies, the balance between IP and fundamental/human rights, and the law and economics of cultural and creative industries. Her recent research works also cover the regulation of data ownership and governance, with a focus on non-personal data, and Open Science law and policies.

Tatiana Eleni Synodinou is Professor of Private and Commercial Law at the Law Department of the University of Cyprus. Her main research areas are European Copyright law,  European Internet Law,  digital copyright law, digital platform regulation, and property law.  She is currently the Holder of the Jean Monnet Chair DIGI (Jean Monnet Centre of Excellence DIGIU - Digital Platforms: Under the Scope of the New Era in Digital Services). She is a founding member and President of the Union of Copyright Law of Cyprus (EDPI), which is the Cypriot affiliate of the International Literary and Artistic Association (ALAI). She is a member of the European Copyright Society.  Since November 2022, she has been the Vice Rector for Academic Affairs of the University of Cyprus.