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Legislative harmonisation on the EU level

In: The Autonomous Legal Concept of Communication to the Public

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This chapter provides an overview of the legislative harmonisation undertaken on the EU level which is focused on two main issues: the legal basis of harmonisation done on the EU level and the extent of harmonisation. Regarding the first, the internal competence to legislate copyright in the EU order uses the current Article 114 of the TFEU - which contains a functional competence rule - to harmonise copyright. Regarding extent of harmonisation, the right of communication to the public for copyright is fully harmonised in scope, and it contains maximum standards for rightholders, acts of communication, and the intensity of protection (exclusive economic right). This is also the case for the right of making available to the public for copyright, as well as related rights. However, for related rights, the right of communication to the public is partially harmonised right in scope, that sets both minimum and maximum standards.

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  • ., 2023. "Legislative harmonisation on the EU level," Chapters, in: The Autonomous Legal Concept of Communication to the Public, chapter 5, pages 90-114, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21996_5
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    Law - Academic;

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