From Backwater to Battleground
The EU acquis, as it affects research libraries, is characterised by both overlaps and gaps, which exist alongside forces and habits endemic to these institutions. While libraries have always been the place where the rubber hits the road – where the commands and constraints of different laws and policies need to be translated into a single body of practice – this contact is far bumpier today than it was before. This blog explores these tensions, as well as the additional complexity introduced by the circumstances in which libraries operate.
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The Case for a EU Digital Knowledge Act
The European educational, research and cultural heritage institutions face significant barriers to transition their practices into the digital environment. Despite playing a fundamental role in supporting the exercise of rights such as education, scientific freedom, and participation in cultural life, these institutions are peripheral to the EU’s digital legislative agenda. The proposal for a Digital Knowledge Act is a response to this regulatory blind spot.
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Lawful Access as a Gatekeeper for TDM in the EU
Text and Data Mining (TDM) has become indispensable across disciplines: from medicine, where mining scientific articles can reveal patterns for new drug discoveries, to the humanities, where algorithms explore centuries of literature at once. The EU legislator embedded mandatory TDM exceptions into its Copyright in the Digital Single Market Directive. Chief requirement is that TDM can only be carried out on works to which researchers have “lawful access”. The concept of lawfulness, however, is anything but clear under EU copyright law.
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News, Information, and Knowledge
The EU adopted the press publishers’ right to strengthen the bargaining position of press publishers towards online intermediaries. As an intellectual property right, it gives publishers control over information flows and, by its nature, interferes with freedom of expression. Researchers, however, have an interest in being able to share and reflect upon matters of public interest brought forward by the press in online fora. As such, this post considers the press publishers’ right’s potential to curtail European researchers’ activities.
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Synallagmatic Copyright
Copyright, which provides the exclusive rights that allow authors to control the use of their works, is based on a societal bargain that grants rights in exchange for purpose-bound access to the works protected. In the EU, this contract has become imbalanced. Copyright, in order to honor its social contract, must empower users and follow-on creators to enforce the limited rights they have by providing them with efficient enforcement tools.
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Thou Shalt Not E-lend
The CJEU in the VOB case has offered ample support for the need to include e-lending in the scope of the RLD. This interpretation not only recognises the public interest of society at large in accessing knowledge necessary for cultural, technological and economic development, but also supports authors who, thanks to the derogation of Art. 6 RLD, are entitled to specific remuneration. However, the Court missed the techno-regulatory turn in this story.
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EU copyright law’s teaching exceptions do not deserve a perfect grade. The law unduly privileges classical teaching practices by traditional educational institutions over more informal ways of teaching, it grants too much power to publishers, and it allows for differences in transposition, which hinder cross-border teaching projects and negatively impact the common market. Each of these elements should change.
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Reconciling EU Copyright Protection With the Right to Research
Considering the rapid evolution of digital technology and changing research approaches, it is doubtful whether the current EU copyright acquis offers sufficient support for research that requires access to protected knowledge resources. To this day, EU copyright law misses a general research clause that would allow researchers to do their job in the current information society and contribute to the improvement of societal conditions – regardless of constantly changing technologies and access routes to knowledge resources.
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The Antagonistic Unity of Copyright and Freedom of the Arts
On 17 June 2025, Advocate General Emiliou delivered his opinion in the second referral of the German Federal Court of Justice (BGH) to the CJEU in the case “Pelham” – also known as “Metall auf Metall” (Case C-590/23). He defines “pastiche” – currently the most controversial concept of European copyright law – and makes a fundamental statement on EU copyright law and its relationship to freedom of the arts as guaranteed by Art. 13 CFR.The InfoSoc Directive, which is at the heart of EU copyright law, is too restrictive with regard to the artistic use of copyright-protected works and therefore not compatible with the Charter’s freedom of the arts. Emiliou’s opinion is a breakthrough. It grounds copyright in freedom of the arts and paves the way for a new perspective on the relationship between copyright and artistic freedom.
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The Fall of The Great Paywall for EU Harmonised Standards
In case C-588/21 P, the CJEU dismantled a foundational axiom of the European Standardisation System: the paywall of harmonised standards. The Court confirmed that harmonised standards are an integral part of EU law, mandating their free accessibility. In this commentary, I posit that the Court’s decision imposes a proactive publication obligation and challenges the existing copyright protection afforded to harmonised standards.
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