Ensure fundamental rights by limiting copyright

The document presents a response to the state of emergency brought by COVID-19 pandemic, which significantly disrupted society organisation across the EU. The author, Teresa Nobre, presented her view on how the fundamental rights can provide legal basis for limitation of copyright in these extreme times.

Copyright exceptions and limitations should support education, research and other activities in the public interest, which should be exercised remotely in cases of emergency, when normal society organisation is disrupted. It cannot be said that current national copyright legislation which does not allow for temporary adaptation to the new reality that was introduced with COVID-19 pandemic appropriately incorporates fundamental rights contained in the Charter of Fundamental Rights of the European Union. In such cases, the rights to freedom of information, freedom of science and education should be respected in order to enable limitation to exclusive copyright. Copyright limitations should be broad enough to provide security for activities equivalent to those carried out on the premises of educational establishments, research organizations and cultural heritage institutions during periods when the physical premises of those institutions are being forced into closure.

More on this here.