Copyright cases until recently were mainly decided with reference to the rules contained in the statutes (the relevant Copyright Acts) and on the basis of the principles deriving from case law. Under the influence of the Court of Justice of the EU (CJEU) and of the European Court on Human Rights (ECtHR), a growing number […]
Tag Archives | balancing test
When solving copyright cases requires to balance fundamental rights
By Alain Strowel 30 September 2014 44