The project aims at contributing to the debate on further EU action in the field of copyright law. It looks both at the challenges and opportunities presented by the institutional framework of European Copyright Law, and at ways of implementing a genuine and balanced ‘EU Copyright Law’.
Letzte Änderung: 21.07.15
Despite partial harmonisation of copyright laws in the EU Member States through mainly sectorial directives, considerable differences between the national systems remain. This disparity is a source of difficulties especially in the digital environment. Constructing European Copyright Law has always been a delicate task: at the EU level, compromises are hard to achieve; and copyright law itself is a complex field involving a variety of interests.
Yet, ‘codification’ of copyright law at the EU level is a project of growing attention. Presumed advantages are, e.g. higher legal certainty and lower transaction costs. Creating a ‘balanced legal framework’ through codification will require various steps; including a proper understanding of the institutional framework, and key decisions on the form and scope of ‘codification’.
The institutional framework of European Copyright Law is a complex interplay among national and regional policy and law makers, judges and stakeholders. It will be decisive for choices relating both to the form and the contents of a genuine EU Copyright Law. Firstly, because it affects the rationales and objectives recognized to underlie European Copyright Law. Secondly, because it will determine how the EU deals with the various stakeholders in European Copyright Law, and with their at times conflicting interests.
A ‘balanced legal framework’ will mainly rely on choices made as to the components of the copyright system, but also as to the appropriate legal instruments.
Harmonisation, unification, and partial or optional unification will have different effects in terms of discretion left to Member States. Yet, the choice of appropriate legal instruments should also be based on the question what functions a genuine EU Copyright Law should fulfil. That question should also guide the choice of contents of EU Copyright Law. Rights, their limitations and their management are only one important characteristic of a ‘balanced legal framework’.
Franciska Schönherr
Assoc. Prof. Dr. Christophe Geiger
Zielsetzungen der Europäischen Union
