MVV407K Copyright Exceptions in the Digital Age

Faculty of Law
Autumn 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Dr. Bernd Justin Jütte (seminar tutor), doc. JUDr. Pavel Koukal, Ph.D. (deputy)
Kristýna Korbelová (assistant)
Guaranteed by
doc. JUDr. Pavel Koukal, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV407K/01: Tue 29. 10. 12:00–13:40 S125, 14:00–15:40 S125, Wed 30. 10. 14:00–15:40 S125, 16:00–17:40 S125, Thu 31. 10. 14:00–15:40 S125
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 24 student(s).
Current registration and enrolment status: enrolled: 24/24, only registered: 3/24
fields of study / plans the course is directly associated with
Course objectives
The use of protected works and other subject matter protected by copyright is largely governed by the interplay of exclusive rights and copyright exceptions. While exclusive rights enable rightholders to control specific uses, copyright exceptions enable non-rightholders to perform acts that would normally require prior authorization. Digital technologies enable new creative an innovative uses the rely on pre-existing works. However, the legal framework for novel uses is not always clear, which can create chilling effects on innovation and creativity. The course will examine the role exceptions within copyright law from a comparative EU-US perspective. It will introduce students to the systematic differences between the two legal traditions and critically examine copyright exceptions against the background of new creative and innovative uses. The course will pay particular attention to relevant uses in digital environments, such as uses of protected works on online platform and the use of works for the purposes of artificial intelligence systems.
Learning outcomes
At the end of the course, students should be able to:
- understand the systematic structure of limitations and exception in copyright law;
- distinguish between the European ‘closed’ list approach and the US fair use doctrine;
- apply copyright exceptions to new technologies;
- identify gaps in the legislative framework with respect to new digital technologies;
- critically reflect on the application of copyright exceptions to technological and artistic innovation.
Syllabus
  • 1. Limitations and Exceptions in the European Union
  • 2. The US fair use doctrine
  • 3. Artistic and creative uses: copyright exceptions and fundamental rights
  • 4. Copyright exceptions for artificial intelligence
  • 5. Limitations for sustainable innovation ecosystems
Literature
  • See Teacher's Information for full details.
Teaching methods
The course will be taught as a series of interactive seminars. Students will be expected to have completed the assigned readings and to be able to discuss relevant question in class.
Assessment methods
The course will be assessed by an end-of course essay.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
General note: The course is suitable for both physical and online instruction.
Teacher's information
Literature

Carlos M. Correa, Fair Use in the Digital Era, 33(5) International Review of Intellectual Property and Competition (2002), 570-585

Lucie M.C.R. Guibault, Why Cherry-Picking Never Leads to Harmonisation: The Case of the Limitations on Copyright under Directive 2001/29/EC, 1(1) Journal of Intellectual Property, Information Technology and E-Commerce Law (2010), 55-66

Daniel J. Gervais, Making Copyright Whole: A Principled Approach to Copyright Exceptions and Limitations, 5(1&2) University of Ottawa Law & Technology Journal (2008), 1-41

Niva Elkin-Koren, & Orit Fischman Afori, Taking Users’ Rights to the Next Level: A Pragmatist Approach to Fair Use, 33(1) Cardozo Arts & Entertainment Law Journal (2015), 1-45

Thomas Margoni, & Martin Kretschmer, A Deeper Look into EU Text and Data Mining Exceptions: Harmonisation, Data Ownership, and the Future of Technology, 71(8) GRUR International (2022), 685-701

Bernd Justin Jütte, What Is Sust[AI]nable Intellectual Property?, 54 International Review of Intellectual Property and Competition Law (2023)

Bernd Justin Jütte, & Peter Mezei, Does Andy Warhol Foundation v Goldsmith Mark the End of the European Fair Use Fetish?, 45(9) European Intellectual Property Review (2023), 501-504

Andrés Guadamuz, A Scanner Darkly: Copyright Liability and Exceptions in Artificial Intelligence Inputs and Outputs, 73(2) Journal of Intellectual Property Law & Practice (2024), 111-127

  • Enrolment Statistics (recent)
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