The Construction of Exceptions and Limitations in the InfoSoc Directive

Abstract

The analysis moves on to consider exceptions and limitations under the InfoSoc Directive. In particular, attention focuses on three areas—parody, quotation, and private copying—which serve to outline how the application of certain key standards, notably (1) the one according to which concepts in EU directives that make no reference to the laws of individual EU Member States should be intended as autonomous concepts of EU law that must be given uniform application throughout the EU, (2) strict interpretation of exceptions and limitations, but also (3) effectiveness of exceptions and limitations and (4) achieving a fair balance in the protection of contrasting rights, have allowed the creation of an EU system of exceptions and limitations. In this sense, the role of the Court has been pivotal in strengthening, at least in part, the admittedly weak harmonizing force of the InfoSoc Directive. This chapter also discusses the nature and function of the three-step test as found in Article 5(5) of that directive.