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Applications of limitations and exceptions in higher education in the European Union

Meehan, David (2022) Applications of limitations and exceptions in higher education in the European Union. In: Coates, Jessica, Owen, Victoria ORCID: 0000-0002-9307-8231 and Reilly, Susan ORCID: 0000-0002-7426-8275, (eds.) Navigating copyright for libraries: purpose and scope. IFLA Publications, 181 . Walter de Gruyter, Berlin, pp. 105-132. ISBN 9783110737158

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Abstract

Copyright law in the European Union (EU) asserts the interests of rightsholders in the internal and digital single markets, balancing them with the legitimate concerns of consumers in their uses of creative output. The balance is struck through a framework of exceptions and limitations (E&Ls) to the general economic property right, which has emerged progressively from the EU’s legislature and judiciary over the last three decades. The framework is built both on essential international principles and on common practices laid down in more detailed national regimes, refashioned to accommodate emerging technologies and business models. Academic libraries have been adapting to both the everyday shift to digital content and accompanying regulatory changes, ensuring that print and online resources continue to be delivered fairly and efficiently to staff, students and researchers. This chapter focuses on the exceptions and limitations relating to academic libraries in their internal operations, and in the wider use of collections and services within their parent establishments. Particular attention is drawn to the provisions facilitating individual study and research, education practices in group and class environments, library services for users, and collective interventions to manage the remuneration of rightsholders. The more granular approach in national regimes, and the interrelationship with EU law is illustrated through an examination of the detailed system of exemptions operating in Ireland. The chapter concludes with an assessment of potential future developments, with specific regard to academic concerns and practices.

Item Type:Book Section
Refereed:Yes
Uncontrolled Keywords:Academic libraries; Copyright; Education, Higher; European Union; Fair use (Copyright); Ireland.
Subjects:Humanities > Library science
Social Sciences > Law
DCU Faculties and Centres:University Support Services, Central Administration and Strategic Themes > DCU Library Services
Publisher:Walter de Gruyter
Official URL:https://doi.org/10.1515/10.1515/9783110732009
Copyright Information:©2022 The Author. Open Access(CC-BY 4.0)
ID Code:27944
Deposited On:02 Dec 2022 17:23 by David Meehan . Last Modified 02 Dec 2022 17:23

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