Introduction

Exemptions and limitations to copyright are currently at the heart of the debate on copyright harmonisation in Europe. The delay in the adoption of the Directive on Copyright and Related Rights in the Information Society was mainly caused by the difficulties of Member States agreeing on the scope of copyright exemptions in the digital networked environment. One explanation is that exemptions are often the result of a delicate balance between conflicting interests and policy objectives, and for that reason are difficult to adapt or modify. Another explanation can be found in the intense lobbying of certain pressure groups.

In this respect, Member States' legislation is extremely diverse, not only in the list of exemptions, but also in the definition of the generally accepted exemptions. Within the European Union, some copyright Acts include a very limited list of exemptions, which are usually narrowly defined and restrictively construed by courts. This is the case, for example, in France and in Belgium. In contrast, the UK and Irish copyright Acts contain a very extensive and detailed list of exemptions. Some of these exemptions are very broad, such as the so-called ‘library privileges’. Other Member States implement less detailed lists including a great variety of limitations. These can be strictly delimited in their scope or take the form of ‘fair dealing’ exemptions. However, in Europe, ‘fair use’ as such does not form a general defence to copyright infringement claims.