The Role of Fundamental Rights in Copyright Law
| Jurisdiction | European Union |
| Year | 2022 |
| Author | Alexander Peukert |
Speaker
Alexander Peukert is a professor of civil law and commercial law at the faculty of law of Goethe University Frankfurt am Main. He also teaches international IP and unfair competition law in LL.M. courses at the universities of Strasbourg, Lyon III, and Mainz.
He obtained his law degree and a doctorate in law (Dr. iur. (s.c.l.)) from the University of Freiburg between 1993 and 1999. After his second state examination in 2001, he practiced law at a Berlin law firm specializing in copyright and media law. He served as a senior research fellow and head of the U.S. department at the Max Planck Institute for Intellectual Property and Competition Law in Munich from 2002 to 2009. In 2008, he received the qualification of university lecturer (Habilitation) from Ludwig Maximilians University, Munich. From 2009 to 2019, he was the principal investigator of the Cluster of Excellence "The Formation of Normative Orders". His research interest is focused on intellectual property and unfair competition law.
Topic
The e-presentation is divided into two main parts. The first part delves into the circumstances under which fundamental rights can be invoked in cases related to copyright litigation. This section provides an overview of the intersection between copyright law and fundamental rights, such as the right to freedom of expression and the right to privacy. It explores the role of these rights in copyright disputes and offers guidance on how they can be invoked by litigants.
The second part of the e-presentation focuses on online platforms and fundamental rights, with a particular emphasis on Article 17 of the Copyright in the Digital Single Market Directive (CDSMD). This section analyzes the impact of Article 17 on the rights of internet users, content creators, and online platforms. It discusses the various measures that platforms are required to take under Article 17, such as content filtering and licensing agreements, and examines the potential implications of these measures for fundamental rights.
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