Reference : The EU’s Trouble with Mashups From Disabling to Enabling a Digital Art Form
Scientific journals : Article
Law, criminology & political science : Civil law
Law, criminology & political science : European & international law
The EU’s Trouble with Mashups From Disabling to Enabling a Digital Art Form
Jütte, Bernd Justin mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Journal of Intellectual Property, Information Technology and Electronic Commerce Law
Digital Peer Publishing
Yes (verified by ORBilu)
[en] Copyright ; Limitations & Exceptions ; Mashups
[en] New tools for editing of digital images, music and films have opened up new possibilities to enable wider circles of society to engage in ’artistic’ activities of different qualities. User-generated content has produced a plethora of new forms of artistic expression. One type of user- generated content is the mashup. Mashups are compositions that combine existing works (often) protected by copyright and transform them into new original creations. The European legislative framework has not yet reacted to the copyright problems provoked by mashups. Neither under the US fair use doctrine, nor under the strict corset of limitations and exceptions in Art 5 (2)-(3) of the Copyright Directive (2001/29/EC) have mashups found room to
develop in a safe legal environment. The contribution analyzes the current European legal framework and identifies its insufficiencies with regard to enabling a legal mashup culture. By comparison with the US fair use approach, in particular the parody defense, a recent CJEU judgment serves as a comparative example. Finally, an attempt is made to suggest solutions for the European legislator, based on the policy proposals of the EU Commission’s “Digital Agenda” and more recent policy documents (e.g. “On Content in the Digital Market”, “Licenses for Europe”). In this context, a distinction is made between non- commercial mashup artists and the emerging commercial mashup scene
FnR ; FNR3141536 > Bernd Justin Jutte > ECMAC > European Copyright Management in Need of Reconstruction – The Digital Market Meets the Ancien (Copyright) Régime > 01/03/2012 > 29/02/2016 > 2012

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