The Beginning of a (Happy?) Relationship: Copyright and Freedom of Expression in Europe

The relationship between the right to freedom of expression and copyright at European level has only recently been addressed in two cases, one before the European Court of Human Rights (Ashby Donald v France) and one before the Court of Justice of the EU (Deckmyn v Vandersteen). The relationship between both fundamental rights is analysed by comparing the approaches of both European courts in striking the balance between both fundamental rights. Both courts have, so far, not given either right priority over the other, and both continue to grant Member States a wide margin of discretion to strike the balance at the national level.