Day November 16, 2020

Exceptions as users’ rights in EU copyright law

[Maurizio Borghi] Abstract: The paper explores possible ways of construing copyright exceptions as users’ rights within the EU legal framework. It discusses some basic principles on the legal nature of exceptions, and then focuses more specifically on EU law and the jurisprudence of the Court of Justice of the European Union (CJEU). The paper shows that the CJEU has moved away from a strict interpretation of exceptions as “derogations” to general principles of copyright protection, towards recognition of exceptions as bearing autonomous legal status.

HOW South Africa’s COPYRIGHT BILL WOULD BENEFIT CITIZENS DURING COVID

South Africa’s Copyright Amendment Bill had been sitting on the desk of President Cyril Ramaphosa for over a year, waiting to be signed into law. But instead of signing the bill, the President returned it to parliament citing constitutional concerns with certain aspects, including new exceptions for libraries, education and persons with disabilities. If enacted, the bill would have helped teaching, learning and research during COVID-19 lockdowns. Instead South Africans are forced to struggle under the current, outdated law. EIFL guest blogger Denise R. Nicholson, Scholarly Communications Librarian, University of the Witwatersrand, Johannesburg, discusses challenges and issues.