ABSTRACT
The relationship between copyright (permitting copyright owners to control the uses made of their protected works) and others’ fundamental rights (which might require the unauthorized use of protected works) has never been easy to grasp. Initially, legislators relied upon mechanisms internal to copyright law, such as the idea/expression dichotomy, and specific exceptions and limitations to strike a balance between the two. But, increasingly, fundamental rights are pertinent to shaping copyright’s paradigm. Despite a strong will to uphold fundamental freedoms, difficulties lie ahead at domestic level. This chapter analyzes the influence of fundamental rights in shaping the scope of copyright exceptions to contribute to EU harmonization.
