Analiză comparativă a limitelor drepturilor de autor în spaţiul digital. Limitarea libertăţii de exprimare?
Comparative Analysis of the Limits of Copyright in the Digital Space. Limiting Freedom of Expression?
Author(s): Crina-Maria StanciuSubject(s): Law, Constitution, Jurisprudence, EU-Legislation, Court case, Comparative Law
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: fair use; user generated content; transformative uses; limits; copyright;
Summary/Abstract: The text of the EU Directive 2019/790 on copyright in the Digital Single Market establishes several rules intended to protect copyright in the digital sphere, along with several exceptions that allow the use of protected content, without the need for the consent of the copyright holder. Of real interest to us is art. 17 of the Directive, which establishes the responsibility of online platforms, such as YouTube or Facebook, for content uploaded by users, when this would lead to copyright infringement. At the same time, certain legal limits are established that allow the use of content, such as parodies, criticisms or reviews (art. 5 of Directive 2001/29/EC). Given the above, we propose to analyze in a comparative manner some limits of copyright, mirroring a possible version found in Canada in the form of User Generated Content. The question we will answer through this study is: „How do we protect copyright in the digital sphere and, in particular, at the level of online platforms used to distribute content?".
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: LXXI/2025
- Issue No: 3
- Page Range: 101-114
- Page Count: 14
- Language: Romanian
