On the wax or wane? The influence of fundamental rights in shaping exceptions and limitations

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 specifc 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, difculties lie ahead at domestic level. This chapter analyzes the infuence of fundamental rights in shaping the scope of copyright exceptions to contribute to EU harmonization.