Copyright Exceptions and Digital Exhaustion addressed by the European Court of Human Rights (yes, the one in Strasburg!)
Kluwer Copyright Blog
NOVEMBER 16, 2023
By the 2019 Funke , Pelham and Spiegel triptych, the CJEU notably closed the door for national courts to rely directly on fundamental rights as potential means of defence against alleged copyright infringements, in cases where no statutory exceptions are applicable. Interestingly, the Safarov judgment also relies on these provisions.
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