Author: Daniel Jongsma
Abstract: This paper discusses three recent Opinions by Advocate General Szpunar of the CJEU, all touching upon the relationship between copyright and fundamental rights. It discusses several problematic elements in the AG’s approach. In dealing with questions regarding the scope of the reproduction right and the quotation exception, his over-reliance on textual arguments leads to expansive copyright protection. The arguable negative impact this has on the fundamental rights of others, and with it the question whether this interpretation strikes a “fair balance”, is largely ignored. Regarding the question whether fundamental rights can act as external constraints on copyright, the AG ultimately fails to develop a coherent framework suitable for use in future cases.
Citation: Jongsma, Daniel, AG Szpunar on Copyright’s Relation to Fundamental Rights: One Step Forward and Two Steps Back? (February 3, 2019). Available at SSRN: https://ssrn.com/abstract=3328100
