New KR21 research and study: Copyright as an Access Right

Access to information is crucial for cultural and artistic creativity and scientific innovation. Without access to prior creations, further creativity and innovation are prevented. Providing access to these creative works requires a careful balancing of the interests of creators and producers of information and publishers on the one side, and users of that information on the other. In addition, the public interest in promoting cultural and scientific progress must be considered, which is supported by the fundamental rights and sustainability objectives included in the EU Treaties. This study explores what positive obligations arising directly from the status of exceptions and limitations should be imposed on rightholders as a consequence of the rights enjoyed by users under copyright law, particularly in light of the fundamental rights they reflect. The authors believe that it is necessary to ensure that access to copyrighted works is possible under fair and reasonable conditions, especially when it is a prerequisite for the exercise of exceptions and limitations. As a consequence, they propose that exceptions and limitations reflecting fundamental rights become mandatory and that prohibitions on contractual override are applied horizontally. You can read more about the study at the following link.

KR21 has already issued and published several publications in the past, which we have already reported on and we invite you to read again: