Правозащитная деятельность. Рубрика в журнале - Правопорядок: история, теория, практика
Exceptions and Limitations: User Rights or Mere Defenses?
Статья научная
This article examines the doctrinal classification of exceptions and limitations to copyright within the European Union legal order, addressing whether they constitute enforceable subjective rights of users or merely affirmative defences against infringement claims. Drawing on a comprehensive analysis of the EU legislative acquis, including the InfoSoc, Software, Database, and DSM Directives, as well as the jurisprudence of the Court of Justice of the European Union (CJEU), the author traces the progressive shift from a strict, derogation- based construction towards an autonomous, rights- based understanding of exceptions. The article further scrutinises the practical challenges undermining effective access to these entitlements, particularly contractual overrides, technological protection measures, and the optional transposition of key provisions across Member States. It is submitted that while the CJEU has unequivocally recognised exceptions as conferring rights upon users, normative progress has not yet translated into guaranteed access. While the EU has progressively moved towards recognising exceptions as autonomous user rights, other jurisdictions, such as Russia, continue to treat them as derogations from the exclusive rights of rightholders. The article concludes by proposing targeted reforms to harmonise, strengthen, and render enforceable the user-rights framework, thereby ensuring a fair balance between the protection of intellectual property and fundamental freedoms.
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