@article{49140,
      recid = {49140},
      author = {Sganga, Caterina,},
      title = {The Past, Present and Future of EU Copyright  Flexibilities.},
      pages = {1 online resource (pages  5-36)},
      abstract = {Building on a wealth of studies on the strengths and  pitfalls of EU harmonisation in the field of copyright  exceptions and limitations, and on the state of the art of  the copyright balance across the Union, the H2020 project  reCreating Europe performed an unprecedented comparative  mapping of EU and national legislative acts and case law  regulating copyright “flexibilities” (exceptions and  limitations; definition of protectable subject-matter;  terms of protection; exhaustion; judicial doctrines such as  fair balance and the horizontal effects of fundamental  rights on copyright law; statutory licensing schemes;  paying public domain et al.). On this basis, it produced  national and comparative reports, grouped into 12  homogeneous categories of permitted uses. The study aimed  at (a) assessing the degree of harmonisation across the EU  and the impact of their territoriality and optional nature  on the proper functioning of the system; (b) mapping which  “uses” and “purposes” are balanced against copyright and  with what results, both in the EU and in each Member State;  and (c) identifying the regulatory gaps and enablers  impacting on the proper functioning of copyright  flexibilities across the Union. This article will provide  an overview of the background, methodology (Section 2) and  main results of the research, sketching the past and  present of EU copyright flexibilities (Section 3). On this  basis, it will provide general and specific recommendations  for future reforms (Section 4).},
      url = {http://tind.wipo.int/record/49140},
}