The European Copyright Society (ECS) published today an opinion welcoming the Court of Justice’s departure from a doctrine of strict interpretation of exceptions and limitations in cases in which fundamental rights such as freedom of expression are implicated. The opinion has been supported by several CREATe affiliated academics in their individual capacity. Lead drafter of the ECS opinion was Prof. Christophe Geiger, Directeur Général of the CEIPI centre, University of Strasbourg.
Abstract, download link and signatures are available from our dedicated page.
The Court of Justice’s judgment and the opinion of Advocate General Pedro Cruz Villalón can be found here:
The referring court Hof van beroep te Brussel (17 April 2013) and the Advocate General (14 May 2014) both cite Mendis and Kretschmer’s 2013 study for the UK Intellectual Property Office The Treatment of Parodies under Copyright Law in Seven Jurisdictions: A Comparative Review of the Underlying Principles.