Gepubliceerd op vrijdag 20 januari 2012
IEF 10759
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Towards flexible copyright?

Invitation/programme International conference Friday February 10th, The Hague.

In modern times, rapid technological development enables consumers to easily produce and publish creative ideas and exchange them through the internet, e.g. by social media. This often entails the use of works subject to copyright. Whereas the EU-copyright directive with its so-called three step test provides for a closed catalogue of limitations, the American copyright tradition with its fair use exception provides for a system of flexible exceptions.

The pressure on the limitative list of exceptions provided for by the EU-copyright directive seems to increase. It is said that the list insufficiently covers today's fast moving technological developments. On the other hand, it is said it enhances legal certainty rather than the fair use-system. A system of flexible exceptions could be an important element of the challenges and possibilities regarding the online distribution of works protected by copyright.

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